Mainak Kumar Das v. State Of West Bengal And ORS.

DL susanta 07.04.2026 W.P.A. 7527 of 2026 Ct.05 Mainak Kumar Das -vsThe State of West Bengal & Ors.

Mr. Jewel Chanda, Mr. Nirupam Dewanji, Ms. Rumki Guha, ....for the petitioner.

Mr. Santanu Chatterjee, Mr. Subhayu Das, ....for the State.

Ms. Koel Mukherjee, Mr. Anurag Sardar, Mr. Mahfuz Murshed, ....for the respondent no.11.

1.

The matter is heard in the presence of the learned advocates representing the petitioner, State respondents and respondent no.11.

2.

In spite of service of notice respondent no. 10 is not represented.

3.

Petitioner was in live-in relationship with respondent no. 10 but such relationship withered away on passage of time. Acrimony between the petitioner and respondent no. 10 gave rise to two separate criminal prosecutions; one being Patuli Women Police Station Case no. 01/26 dated 20th January, 2026 under Sections 69/117(2)/316(2) BNS which was based on complaint lodged by respondent no. 10. Another being Bansdroni Police Station Case no. 35 dated 16th February, 2026 under certain provisions of BNS. It needs to be recorded herein that Bansdroni Police Station Case

no. 35 dated 16th February, 2026 was initiated after steps were taken by the petitioner in terms of Section 175(3) BNSS.

4.

By filing a communication dated 6th April, 2026 Officer-in-Charge Bansdroni Police Station disclosed that investigation in Bansdroni Police Station Case no. 35 dated 16th February, 2026 is at nascent stage. Communication dated 6th April, 2026 is taken on record. Copy of the said communication dated 6th April , 2026 is made over to the learned advocate representing the petitioner and respondent no. 11.

5.

It is also disclosed in communication dated 6th April, 2026 that petitioner was arrested on 28th January, 2026 in connection with Patuli Women Police Station case no. 01/26 dated 20th January, 2026 and was enlarged on bail vide order dated 23rd February, 2026 of the Learned Sessions Judge, South 24 Parganas, Alipore.

6.

Taking note of the submissions made on behalf of the parties and contents of the communication dated 6th April, 2026, Court directs the concerned police authorities to take investigation in connection with Bansdroni Police Station Case no. 35 dated 16th February, 2026 to its logical conclusion by submitting report at an early date.

7.

Leave is granted to the petitioner to approach the jurisdictional Magistrate if occasion so arises. 8.

Writ petition stands disposed of.

9. Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.

(Saugata Bhattacharyya, J.)