16. 16. 07.10.2026 (D/L) (D/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.) In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 26536 OF 2026 BISWARUP SAHA VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Jyoti Prakash Chatterjee, Adv. Ms. Sneha Sanyal, Adv. … For Petitioner Ms. Indrani Chakraborty, Adv. Mr. Pradyat Saha, Adv. … For State Mr. Amitava Ghosh, Adv. Mr. Buddhadeb Chatterjee, Adv. Ms. Aleyah Quraishi, Adv. … For Private Respondents 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. By presenting this writ petition, prayer is made by the petitioner thereby directing concerned police authority to take necessary steps in accordance with law while investigating Burdwan Police Station Case No.570 of 2026 dated 18th May, 2026. Petitioner is dissatisfied with the manner of investigation being carried out by the investigating agency. Petitioner prays for issuance of warrant of arrest in order to take the accused persons in custody. 3. State respondents and private respondents are represented by learned advocates. 4. If petitioner is dissatisfied with the steps taken by the concerned police authority while investigating aforesaid criminal prosecution, in that event, petitioner is required to approach jurisdictional Magistrate under Section 175(3) of BNSS, 2023. In this regard, reliance is placed on the judgment of the Hon’ble Supreme [2] 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 observed that after registration of FIR if proper investigation is not carried out, in that event, approach has to be made within the statutory framework at the first instance. 5. In view of availability of alternative remedy, 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 the server copy of this order duly downloaded from the official website of this court. (SAUGATA BHATTACHARYYA, J.)