05.10.2026 11 Court No. 05 (ML) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 26083 of 2026 Ruksena Bibi –Versus – The State of West Bengal & Ors. Mr. Tilak Mitra Md. Safiur Rahaman Mr. Sourav Paul Ms. Sumana Nanda ….for the petitioner Md. Wasim Akram Ms. Sabrina Parveen …..for the respondent nos. 9-13 Mr. Billwadal Bhattacharyya, Ld. AAG Mr. Srijib Chakraborty Ms. Shetparna Ray ….for the State respondents 1) Affidavit of service filed on behalf of petitioner is taken on record. 2) Learned advocate representing petitioner prays for direction upon concerned police authorities to take steps thereby arresting accused persons while investigating Kaliachawk Police Station Case No. 1165 of 2026 dated 13th August, 2026. In other words, it is submitted that petitioner is dissatisfied with manner of investigation being carried out by concerned police authorities in connection with aforesaid criminal prosecution. 2 3) State respondents and respondent nos. 9 to 13 are represented by learned advocates. 4) If petitioner finds that investigation is not being carried out in accordance with law, in that event petitioner needs to approach jurisdictional Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. In this regard, reliance is placed on judgment of the Hon’ble Supreme Court reported in 2026 SCC OnLine SC 798 (Sujal Vishwas Attavar and Another Vs. State of Maharashtra and Others). In paragraph 7 of Sujal Vishwas Attavar (supra) it was held that even after registering FIR if investigation is not being carried out appropriately, in that event party needs to approach within statutory framework at the first instance. 5) In view of law laid down by the Hon’ble Supreme Court, present writ petition is not entertained and same stands dismissed. 6) However, this order shall not preclude petitioner to approach jurisdictional Magistrate in pursuit of remedy. 7) Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)