9 0066..1100..22002266 Ct. No. 05 adeb WPA 24766 of 2026 Muktar Khan Vs. The State of West Bengal & Ors. Ms. Pinky Shaw …for the petitioner 1. At the time of call petitioner is represented by learned advocate. However, respondents are not represented. 2. It is submitted on behalf of petitioner that service of notice upon respondents is not complete. 3. Having perused the prayer made in this writ petition no purpose would be sub served in keeping this writ petition pending. 4. It is prayed for in the writ petition for effective and impartial investigation of Daspur Police Station Case No. 441 of 2026 dated 22nd July, 2026. If petitioner is dissatisfied with manner of investigation being carried out by the police authorities in aforesaid criminal prosecution then petitioner has alternative remedy under Section 175(3) BNSS 2023 by approaching jurisdictional Magistrate. 2 5. In this regard reliance is placed on the judgment of Hon’ble Supreme Court reported in 2026 SCC OnLine SC 798 (Sujal Vishwas Attavar and Anr. Vs. State of Maharashtra and Ors.). 6. In paragraph 7 of Sujal Vishwas Attavar (supra) it was observed that if proper investigation is not carried out even after registration of FIR, approach needs to be made within the statutory framework at the first instance. 7. In view of availability of alternative remedy present writ petition is disposed of thereby permitting the petitioner to approach jurisdictional Magistrate, if occasion so arises. 8. Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)