08.10.2026 18 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 26822 of 2026 Kabul Hossain –Versus – The State of West Bengal & Ors. Mr. Omar Faruk Gazi Md. Muslehuddin Mr. Pratikur Rahaman Ms. Shaoni Panda ….for the petitioner Mr. Moyukh Mukherjee Ms. Ritu Das …for the State respondents 1) Matter is taken up for consideration in presence of learned advocates representing petitioner and State respondents. 2) By presenting this writ petition, dissatisfaction is expressed regarding manner of investigation being carried out by police authorities while investigating English Bazar Police Station Case No. 1112 of 2026 dated 25th June, 2026. 3) State respondents are represented by learned advocate. 4) If petitioner finds that appropriate steps are not being taken while investigating aforesaid criminal prosecution, in that event petitioner needs to approach 2 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 availability of alternative remedy, 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.)