Disposed¶16

Badiruddin v. State of West Bengal and Ors.

Calcutta HC27 Jul 2026WPA/11268/2026

Case brief

AI extract

What is this about?

Badruddin v. State of West Bengal & Ors.; WPA 11268 of 2026; Calcutta High Court; disposed of 27.07.2026 by Saugata Bhattacharyya, J.; police investigation grievance; Harischandrapur Police Station Case No. 171/2024 dated 8th March, 2024 under IPC; notice under Section 41A Cr.P.C.; seven accused surrendered and released on bail; specimen fingerprints forwarded to Director, Finger Print Bureau, CID, Bhawani Bhawan, report awaited; alternative remedy; Sujal Vishwas Attavar v. State of Maharashtra, 2026 SCC OnLine SC 798 followed; leave to approach jurisdictional magistrate under Section 175(3) BNSS, 2023; no further order in writ petition.

What did the court decide?

Leave to the petitioner to approach the jurisdictional magistrate under Section 175(3) BNSS, 2023, if so advised. ¶16

Badiruddin Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Leave to the petitioner to approach the jurisdictional magistrate under Section 175(3) BNSS, 2023, if so advised.

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Issue for consideration

Whether any further order is called for in the writ petition concerning the investigation of Harischandrapur Police Station Case No. 171/2024, given the steps taken by the investigating agency and the availability of an alternative statutory remedy.

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Court's answer

Certain steps have been taken by the investigating agency in the aforesaid criminal prosecution.

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Ratio / Principle

If the petitioner is dissatisfied with the steps taken by the concerned police authorities in investigating the aforesaid criminal prosecution, approach needs to be made within the statutory framework as decided by the Hon’ble Supreme Court in Sujal Vishwas Attavar v. State of Maharashtra.

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Key takeaways

Considering the availability of alternative remedy, no further order need be passed in this writ petition.ratio¶15
Leave is granted to the petitioner to approach the jurisdictional magistrate under Section 175(3) BNSS, 2023, if so advised.ratio¶15

Detailed headnote1 paragraphs

Writ petition (WPA 11268 of 2026, Badruddin v. State of West Bengal & Ors.) disposed of by Saugata Bhattacharyya, J. on 27.07.2026. In terms of the Court's order dated 23rd June, 2026, a communication dated 15th July, 2026 of the In-Charge, Kumedpur Police Out Post, Harischandrapur Police Station, Malda was placed on record, disclosing that Harischandrapur Police Station Case No. 171/2024 dated 8th March, 2024 stood registered under certain provisions of IPC; that upon notice under Section 41A Cr.P.C. the accused persons appeared before the then investigating officer and seven accused persons surrendered before the court below and were released on bail; and that the present investigating officer collected specimen fingerprints of both hands of the accused and forwarded them to the Director, Finger Print Bureau, CID, Bhawani Bhawan, the report being awaited. Taking note of these steps and following Sujal Vishwas Attavar v. State of Maharashtra, 2026 SCC OnLine SC 798, the Court held that a petitioner dissatisfied with the steps taken by the police in the investigation must make approach within the statutory framework; and, considering the availability of alternative remedy, no further order was called for, leave being granted to the petitioner to approach the jurisdictional magistrate under Section 175(3) BNSS, 2023, if so advised.

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27.07.2026 Sl. No. 89 Ct No. 5 SG

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WPA 11268 of 2026

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Badruddin

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State of West Bengal & Ors.

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Mr. Omar Faruk Gazi, Ms. Preti Kar Rahman.

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…for the petitioner

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Mr. Suryaneel Das, ld. AGP Ms. Anita Kundu, Ms. Sumita Sarkar.

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…for the State

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In terms of the order dated 23^rd June, 2026 a communication dated 15^th July, 2026 of In-Charge, Kumedpur Police Out Post, Harischandrapur Police Station, Malda is filed today and same is taken on record. Copy of the said communication dated 15^th July, 2026 is made over to the learned advocate representing the petitioner.

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It is disclosed in the aforesaid communication that a case has been registered being Harischandrapur Police Station Case No. 171/2024 dated 8^th March, 2024 under certain provisions of IPC. As per notice under Section 41A Cr.P.C. accused persons appeared before the then investigating officer. Seven accused persons surrendered before court below and were released on bail. It is stated in the communication present investigating officer collected specimen fingerprints of both hands of accused and it was forwarded to the Director Finger Print Bureau,

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CID, Bhawani Bhawan for scientific examination and the report is awaited.

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Taking note of the contents of the communication dated 15^th July, 2026 it appears that certain steps have been taken by the investigating agency. If petitioner is dissatisfied with the steps taken by the concerned police authorities in investigating aforesaid criminal prosecution, approach needs to be made within the statutory framework as decided by the Hon’ble Supreme Court reported in 2026 SCC OnLine SC 798 (Sujal Vishwas Attavar v. State of Maharashtra) .

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Considering availability of alternative remedy no further order need be passed in this writ petition. Leave is granted to the petitioner to approach jurisdictional magistrate under Section 175(3) BNSS, 2023, if so advised.

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Accordingly, writ petition stands disposed of.

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Parties to act on the server copy of this order duly downloaded from the official website of this Court.

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(Saugata Bhattacharyya, J.)

Badiruddin v. State of West Bengal and Ors.

Case brief

What is this about?

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Badiruddin v. State of West Bengal and Ors.

Case brief

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