07.10.2026 13 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 26520 of 2026 Harendranath Das –Versus – The State of West Bengal & Ors. Mr. Tanmay Basu Ms. Swati Mandal ….for the petitioner Mr. Arkaprava Sen Mr. Pradip Paul …for the State respondents 1) Affidavit of service filed on behalf of petitioner is taken on record. 2) Learned advocate representing petitioner has submitted that petitioner is octogenarian who has been served with notice under Section 179 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS, 2023”) thereby petitioner is required to appear before the Investigating Officer in connection with Sonarpur Police Station Case No. 944/26 dated 26th June, 2026. According to petitioner, considering his present age benefit of first proviso to Section 179(1) of the BNSS, 2023 shall apply. It is contended that petitioner is ready to cooperate Investigating Officer in aforesaid case 2 if Investigating Officer comes to residence of petitioner to record his statement and to interrogate him. 3) State respondents are represented by learned advocate. 4) Taking note of provision as contemplated under first proviso to Section 179(1) of the BNSS, 2023 and a case is made out that present age of petitioner is eighty years, Investigating Officer in Sonarpur Police Station Case No. 944/26 dated 26th June, 2026 shall be at liberty to attend the place where petitioner resides for recording his statement and to interrogate him. If Investigating Officer decides to make such exercise, in that event at least forty-eight hours notice shall be issued to petitioner prior to visiting petitioner’s residence. 5) Writ petition stands disposed of. 6) Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)