RABILA KHATUN BISWAS v. STATE OF WEST BENGAL AND ORS.
WPA/26652/2026 · 2026-10-07
Saugata Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 47354 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 47354 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
22 0077..1100..22002266 Ct. No. 05
adeb
WPA 26652 of 2026
Rabila Khatun Biswas Vs. The State of West Bengal & Ors.
Mr. Sayan De
Ms. Najmee Parveen
….for the petitioner
Ms. Manju Agarwal
Mr. Madhu Jana
Mr. Rahul Agarwal
…for the State
1. Affidavit of service filed on behalf of petitioner is taken on record.
2. By presenting this writ petition dissatisfaction is expressed with manner of investigation being carried out in Hanskhali Police Station Case No. 603 of 2026 dated 11th July, 2026. According to petitioner certain steps are required to be taken for taking investigation towards right direction and conclude the same.
3. State respondents are represented by Ms. Manju Agarwal, learned Additional Government Pleader.
4. If petitioner finds that investigation in aforesaid case is inappropriately carried out in that event petitioner needs to approach jurisdictional Magistrate under Section 175(3) BNSS 2023. In this regard reliance is placed on the judgment of Hon’ble Supreme Court reported in 2026
2 SCC OnLine SC 798 (Sujal Vishwas Attavar and Anr. Vs. State of Maharashtra and Ors.).
5. In paragraph-7 of Sujal Vishwas Attavar (supra) it was held that even after registration of FIR if appropriate investigation is not conducted, approach has to be made within statutory framework.
6. Hence, writ petition is not entertained due to availability of alternative remedy and same stands dismissed.
7. However, this order shall not preclude the petitioner to approach jurisdictional Magistrate in pursuit of remedy.
8. Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)