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2026 DAILYLAW 48040 (CAL)

RUNA BEGUM v. STATE OF WEST BENGAL AND ORS.

WPA/26893/2026 · 2026-10-08

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24 0088..1100..22002266 Ct. No. 05 adeb WPA 26893 of 2026 Runa Begum Vs. The State of West Bengal & Ors. Mr. Biswajit Manna Ms. Munmun Sett Ms. Moumita Biswas …for the petitioner Mr. Avik Ghatak Mr. Dibyo Mukherjee …for the respondent nos. 6 to 13 Mr. Pratip Mukherjee Mr. Bikash Kumar Sriwastav …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 regarding manner of investigation being carried out in respect of Arambagh Police Station Case No. 411 of 2026 dated 1st August, 2026. According to petitioner considering gravity of alleged offence arrests were required to be made. It is also submitted that statements under Section 183 BNSS 2023 till date is not recorded. 3. State respondents and respondent nos. 6 to 13 are represented by learned advocates. 4. If petitioner finds that proper steps are not being taken up by investigating officer while investigating Arambagh Police Station Case No. 2 411 of 2026 dated 1st August, 2026 in that event approach has to be made before 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 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 has been observed that even after registration of FIR, if investigation is not being conducted properly, approach has to be made within statutory framework at the first instance. 6. Considering availability of alternative remedy present writ petition is disposed of thereby granting liberty to petitioner to approach jurisdictional Magistrate, if so advised. 7. Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)