Sarmistha Dutta v. State Of West Bengal And ORS

24.02.2026.

Item No. 58 Court No.05 BR

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 2124 of 2022 Sarmistha Dutta -vsThe State of West Bengal and Ors.

Mr. S.Mondal, Mr. A.Saha, Mrs. Poonam Kaur ... For the petitioner Mr. Subir Kumar Saha, AGP, Mr. M. Rahaman ... for the State

1. The writ application has been preferred praying for direction upon the respondent police authorities to execute the warrant of arrest dated 14.4.2022 against the respondent no. 4.

2. It appears that the order dated 11.8.2025 had been passed directing the Superintendent of Police Coochbehar to file a report.

3. Notice of this Court is brought to the fact that a proclamation has been issued against the said respondent no. 4/accused.

4. A criminal revision in respect of a criminal proceeding against the respondent no. 4 has been dismissed and this Court in the order dated 11.8.2025 was of the view that there was no impediment in proceeding with the investigation.

5. Considering the said facts the writ application is disposed of with liberty granted to the petitioner to pray for appropriate relief before the Court where the proceedings (if any) against the respondent no. 4 is pending and the said Court shall proceed expeditiously in the

said criminal proceedings in accordance with law.

6. WPA 2124 of 2022 stands disposed of.

7. The petitioner is at liberty to raise all the issues raised in the writ application before the concerned authority and the authority shall take into consideration while proceeding in the said case.

8. Learned Chief Judicial Magistrate shall also take into consideration as to whether sanction is required to proceed against the accused and then proceed in accordance with law.

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

(Shampa Dutt (Paul), J.)