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2026 DAILYLAW 9296 (CAL)

SOURAV MONDAL v. STATE OF WEST BENGAL AND ORS.

WPA/28245/2025 · 2026-04-16

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

01 rkd 16.04.2026 Ct.05 W.P.A. 28245 of 2025 Sourav Mondal -vs- The State of West Bengal & Ors. Mr. Moyukh Mukherjee, Ms. Sarmistha Basak ….for the petitioner. Mr. Rajarshi Basu, Mr. S. T. Mina ….for the State. 1. Matter is taken up for consideration in terms of order dated 30th March, 2026. 2. Inspector-in-Charge, Narendrapur Police Station, Baruipur Police District has filed a communication dated 16th April, 2026 along with documents relating to charge-sheet filed in Narendrapur PS Case no.1440 of 2025 and same are taken on record. Copy of the communication along with enclosed documents are made over to the learned advocate representing the petitioner. 3. It is disclosed in the communication dated 16th April, 2026 that in Narendrapur PS Case no.1440 of 2025 dated 27th November, 2025 charge-sheet being No.353/26 dated 7th April, 2026 has already been filed. 4. Mr. Mukherjee, learned advocate representing the petitioner submits that issuance of notice under Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) in Narendrapur PS Case no.1440 of 2025 dated 27th November, 2025 led the petitioner to approach this Court with the present writ petition apprehending certain adverse steps to be taken against him. 5. It is also submitted that coordinate Bench on 9th December, 2025 granted protection to the petitioner to the extent of taking coercive steps against the petitioner for a limited period of time. 6. At the same time police authorities were permitted to carry on investigation relating to Narendrapur PS Case no.1440 of 2025 in a fair, unbiased and impartial manner. 7. Today also concern is expressed on behalf of the petitioner that even after filing of charge-sheet petitioner may be subjected to injustice in connection with Narendrapur PS Case no.1440 of 2025. Prayer is made that petitioner may be protected by passing order. 8. State respondents are represented by Mr. Basu, learned advocate who has submitted that notice under Section 35(3) of BNSS, 2023 has lost its force in view of filing of charge-sheet dated 7th April, 2026. 9. It is further submitted that based on charge-sheet law will take its own course in order to take the criminal prosecution to its logical conclusion. 10. Having considered the respective submissions made on behalf of the parties and taking note of the fact that charge-sheet dated 7th April, 2026 has 2 already been filed in Narendrapur PS Case no.1440 of 2025 dated 27th November, 2025, notice under Section 35(3) of BNSS, 2023 has lost its significance. 11. Coordinate Bench while passing interim order on 9th December, 2025 directed the petitioner to cooperate in investigation and concerned respondent authorities were directed not to take coercive steps against the petitioner for a limited period. 12. At the same time police authorities were permitted to continue with the investigation in Narendrapur PS Case no.1440 of 2025 in fair, unbiased and impartial manner. 13. Today Court finds charge-sheet has already been filed. Therefore, there is no further need to keep this writ petition pending. 14. The writ petition stands disposed of. 15. However, this order shall not preclude the petitioner to take steps in accordance with law. 16. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.) 3