MADHUSUDAN BHATTCHARJEE v. STATE OF WEST BENGAL AND ORS.
WPA/26677/2026 · 2026-10-07
Saugata Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 47706 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 47706 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
24 0077..1100..22002266 Ct. No. 05
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WPA 26677 of 2026 IA No. CAN 1 of 2026
Madhusudan Bhattacharjee Vs. The State of West Bengal & Ors.
Mr. Debasish Kar
Ms. Suhana Parvin
….for the petitioner
Mr. Rajdeep Majumder
Ms. Amrita Pandey
Mr. Milind Mohul Ghosh
…for the State
Mr. Rahul Karmakar
Mr. Soumojit Saha
…for the respondent no. 5
Mr. P.P. Dasgupta
Mr. Amit Dey
…for the applicant
1. By presenting this writ petition prayer is made for directing concerned police authorities to take certain steps while investigating Rahara Police Station Case No. 345 of 2026 dated 4th August, 2026. Prayer is made for arresting accused person since allegation is petitioner is being threatened by the accused person and pre-arrest bail application of the accused person is pending before appropriate forum.
2. State respondents and respondent no. 5 are represented by learned advocates.
3. If petitioner finds that necessary steps are not being taken by the concerned police authorities while investigating aforesaid case petitioner needs to approach jurisdictional Magistrate
2 under Section 175(3) BNSS 2023. 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.).
4. In paragraph-7 of Sujal Vishwas Attavar (supra) it has been observed if after registration of FIR appropriate steps are not being taken in that event petitioner is required to approach within statutory framework.
5. In view of availability of alternative remedy present writ petition is disposed of thereby permitting petitioner to approach jurisdictional Magistrate.
6. However, Inspector-in-Charge, being respondent no. 3 is directed to provide protection to the petitioner, if occasion so arises.
7. Mr. Majumder, learned Additional Advocate General representing State respondents has filed a communication dated 23rd September, 2026 of Officer-in-Charge, Rahara Police Station and same is taken on record.
8. Application being CAN 1 of 2026 is filed seeking impleadment. In view of order passed on the writ petition no order need be passed on this application and same stands disposed of.
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9. Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)