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Calcutta High CourtWPA/6363/2026disposed

Xxx v. State Of West Bengal And ORS.

2026-03-25Hon'Ble Justice Saugata Bhattacharyya3 pages

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(DL) (DL) 25.03.2026 25.03.2026 Ct. No. 05 (ARPAN)

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction (Appellate Side) W.P.A. 6363 OF 2026 XXXXX VS.

THE STATE OF WEST BENGAL AND OTHERS ...............

Mr. Golam Zaky, Adv.

...for the Petitioner Mr. Suman Sengupta, Adv.

Mr. Pradyot Kumar Das, Adv.

Mr. Sanatan Panja, Adv.

...for the State Mr. Moinuddin Mondal, Adv.

Mr. Sahil Islam Mollah, Adv.

Mr. Samik Mondal, Adv.

...for the Respondent Nos.5 & 6 Ms. Jayshree Saha, Adv.

Mr. Alokbonnya Ghosh, Adv.

Ms. Varsha Shaw, Adv.

Ms. Preeti Choudhury, Adv.

...for the Respondent No.7 Mr. Tapan Dutta Supta, Adv.

Mr. Keshab Chandra Das, Adv.

...for the Respondent No.8 Mr. Niladri Sekhar Ghosh, Adv.

Ms. Labani Sikder, Adv.

Mr. Souvik Dey, Adv.

...for the Respondent No.9 1.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

2.

Matter is heard in presence of the learned advocates representing the petitioner and the respondents. 3.

By presenting this writ petition, inter alia, petitioner has prayed for transfer of investigation to Criminal Investigation Department (CID), West Bengal.

4.

Mr. Suman Sengupta, learned advocate representing the State respondents has submitted the recent

[2] development which took place in view of the order dated 23rd February, 2026 passed by learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas on the naraji petition of the petitioner dated 17th February, 2026. It is further contended that considering the naraji petition filed by the petitioner, Inspector-in-Charge, Survey Park Women Police Station, Kolkata was directed to conduct further investigation under Section 173(8) of Cr.P.C. 5.

It was also directed by the learned Additional Chief Judicial Magistrate, Alipore that a responsible SubInspector other than the previous investigating officer shall be entrusted to carry out the investigation and submit a report.

6.

Learned advocate representing the petitioner submits that at the time of filing this writ petition petitioner was not aware of the development which took place based on the naraji petition filed by the petitioner dated 17th February, 2026.

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It is further submitted on behalf of the petitioner that if new investigating officer has been entrusted in terms of the order dated 23rd February, 2026 of the learned Additional Chief Judicial Magistrate, Alipore, in that event, investigation is required to be carried out fairly maintaining transparency.

8.

On behalf of the State respondents it is submitted that one lady Sub-Inspector of Pragati Maidan Police

[3] Station, Kolkata is assigned the responsibility of carrying out further investigation in terms of the order dated 23rd February, 2026.

9.

Let investigation be taken to its logical conclusion fairly.

10.

With the aforesaid observation and direction writ petition stands disposed of.

11.

Since no affidavit is called for, allegations contained in this writ petition are not deemed to have been admitted.

12.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (SAUGATA BHATTACHARYYA, J.)