Shibani Saha Dey v. State Of West Bengal And ORS.
26.11.2025 Ct. No. 5 Daily List Sl. No. 18 Moumita WPA 6103 of 2025 Shibani Saha Dey Vs The State of West Bengal and Ors.
Mr. Pratip Kumar Chatterjee, Sr. Adv.
Mr. Ashish Deb Ms. Maitrayee Chatterjee ...for the Petitioner Mr. Dipankar Das ...for the Private Respondent No. 6 Mr. Arindam Das Ms. Ananya Chakraborty ...for the Respondent No. 4 Ms. Sonal Sinha Ms. Munmun Ganguly ...for the State-respondent Challenging the maintainability of this writ petition, the learned counsel for the State submits that since charge-sheet has been submitted upon completion of investigation and cognizance thereof taken by a judicial order passed by the learned Magistrate, the writ petition is not maintainable.
It is a fact that cognizance of charge-sheet has been taken by the learned Magistrate by a judicial order. In view of the observation of a co-ordinate bench of this Court in the authority in Indrani Chakraborty Vs. State of West Bengal and Others reported in 2014 SCC Online CAL 17573 and the Hon'ble Supreme Court in the
authority in Pradnya Pranjal Kulkarni Vs. State of Maharashtra & Another reported in 2025 LiveLaw (SC) 875, the writ petition is not maintainable and is accordingly dismissed.
However, the petitioner is at liberty to approach the appropriate forum of redressal of her grievance. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.
(Suvra Ghosh, J.)