06.10.2026 40 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 26366 of 2026 Md. Maniul Hassan –Versus – The State of West Bengal & Ors. Mr. Souvik Ganguly ….for the petitioner Mr. Sankar Prasad Dalapati Mr. Asumdikpta Santra …for the State respondents Mr. Arghya Mullick Mr. Habibur Rahman …for the private respondents 1) Affidavit of service filed on behalf of petitioner is taken on record. 2) By presenting this writ petition, prayer is made for incorporating rigorous section in Nalhati Police Station Case No. 473/25 dated 15th October, 2025. However, it is submitted on behalf of petitioner that charge-sheet was filed on 29th November, 2025. 3) State respondents and private respondents are represented by learned advocates. 4) It appears from submission made on behalf of petitioner that on concluding investigation charge-sheet was filed on 29th November, 2025. Therefore, writ petition after taking cognizance of offence by court below 2 is not maintainable. It is neither a petition under Article 227 of the Constitution nor a petition under Section 482 of the Code of Criminal Procedure vis-à-vis Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court reported in (2024) SCC OnLine SC 5761 [Neeta Singh & Ors. Vs. State of U.P. & Ors.]. Once order of court below intervenes in a criminal proceeding writ petition under Article 226 is not maintainable as propriety of judicial order ought not to be delved into in a writ petition. 5) Hence present writ petition is not entertained and same stands dismissed. 6) However, this order shall not preclude petitioner to approach appropriate forum in pursuit of remedy. 7) Parties to act on server copy of this order duly downloaded from official website of this Court. (Saugata Bhattacharyya, J.)