S/L 19 03.02.2026 Court. No. 25 suvayan WPA 28678 of 2025 With CAN 1 of 2026 Mr. Mustafa Farid Hussain Laskar Vs. The State of West Bengal & Ors. Mr. Ayon Saha Ms. Shagufta Kainat Khan …for the petitioner. Mr. Vivekananda Bose Mr. Arkadipta Sengupta …for the State. Mr. Subhajyoti Ghosh Mr. Mrigank Bain …for the applicant in CAN 1 of 2026. 1. The affidavit-of-service filed by the learned counsel for the petitioner be kept with the record. 2. The petitioner has filed the present writ application praying for a direction upon the Bank to defreeze the bank account of the petitioner. 3. Learned counsel for the petitioner has draws attention of this Court to the notice issued by the Sub-Inspector of Police Srerampore Police Station under the Chandannagar Police Commissioner, West Bengal to the Branch Manager, State Bank of India Hatigaon Charali Branch wherein the police authority has requested the Bank for freezing of the account of the petitioner. Learned counsel for the petitioner submits that the petitioner has made a request to the Bank/authority for defreezing the account but that has not been defreezed. 4. The petitioner has relied upon the unreported judgment in the case of M/s. Navin Bros. Private Limited vs. ICICI 2 Bank Ltd. & Ors. passed in WPO 2898 of 2022 dated November 22, 2022 wherein the co-ordinate Bench of the Court has allowed that writ petition by directing the respondent/Bank to forthwith lift the debit freeze of the petitioner’s account. 5. Learned counsel for the petitioner submits that the unreported judgment is squarely applicable in the present case and praying for similar order. 6. Learned counsel for the State/authorities submits that the petitioner has made an application before the learned Additional Chief Judicial Magistrate, Serampore, Hooghly praying for a direction upon the Investigating Officer for defreezing of the account of the petitioner. The application filed by the petitioner was taken up for hearing by the learned Magistrate on August 6, 2025 and after hearing the parties the learned Magistrate has rejected the application of the petitioner on the ground that for the purpose of investigation of the case it is not proper for defreezing the account of the petitioner. 7. Mr. Subhrajyoti Ghosh, learned counsel appearing for the applicant in CAN 1 of 2026 submits that he also filed an application being CAN 1 of 2026 praying for addition of party as the case has been initiated by the Police on his complaint and he has the de facto complainant and the interested person in the matter. 8. Heard the learned counsel for the respective parties. 9. The Police has initiated a case on the basis of the complaint made by one Pronojit Das who is the applicant in CAN 1 of 2026. During the investigation, the Police 3 has found that the account of the petitioner is involved in the matter and accordingly Investigating Agency has requested the Bank to freeze the account of the petitioner. 10. The petitioner has filed an application before the Magistrate for defreezing the account but as per the objection raised by the Investigating Officer the request of the petitioner is rejected. 11. This Court finds that once the Jurisdictional Magistrate has passed an order for rejecting the claim of the petitioner for defreezing the account of the petitioner and as such the petitioner cannot invoke the writ jurisdiction and the petitioner having the alternative remedy to challenge the order of Magistrate before the appropriate forum. 12. Accordingly, WPA 28678 of 2025 is dismissed. 13. However, the dismissal of the writ petition will not prevent the petitioner for taking appropriate steps before the appropriate forum by challenging the order passed by the learned Magistrate. 14. CAN 1 of 2026 is also disposed of. 15. However, there shall be no order as to costs. 16. Urgent Xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities. (Krishna Rao, J.)