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Calcutta High CourtWPA/9441/2026dismissed

Rekha Khatun v. State Of West Bengal And ORS.

2026-05-06Hon'Ble Justice Saugata Bhattacharyya2 pages

W.P.A. 9441 of 2026 rkd 06.05.2026 Ct.05 Rekha Khatun -vsThe State of West Bengal & Ors.

Md. Hafiz Ali, Mr. Partha Sarathi Das, Ms. Kakali Das Chakraborty ....for the petitioner.

Mr. Biswajit Manna ....for the respondent no.5.

1.

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

2.

From the submissions made on behalf of the petitioner and respondent no.5, it appears that in connection with the criminal prosecution being Burwan Police Station Case No.485 of 2023 dated 7th December, 2023 Charge-sheet being no.431/25 dated 30th October, 2025 was filed and jurisdictional Magistrate had taken cognizance of the offence.

3.

Since Charge-sheet was filed and cognizance of offence was taken by the court below present writ petition which was preferred under Article 226 of the Constitution of India is not maintainable. 4.

In this regard reliance is placed on the judgment of the Hon'ble Supreme Court, reported in 2024 SCC OnLine SC 5761 (Neeta Singh & Ors. v. State of Uttar Pradesh & Ors.).

5.

Hence, writ petition stands dismissed.

6.

However, this order shall not preclude the petitioner to take steps in accordance with law, if so advised.

7.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)