Arka Chatterjee v. State of West Bengal and Ors.
Case brief
What is this about?
Single-judge writ matter (WPA 16676 of 2026, decided 24.07.2026) by Saugata Bhattacharyya, J.; petitioner Arka Chatterjee v. State of West Bengal & Ors.; sought mandamus for expeditious completion of investigation of Nagerbazar Police Station Case No.301/2025 dated 21.12.2025 and transfer of investigation to CID, West Bengal; petition dismissed; remedy pointed to jurisdictional Magistrate under Section 175(3) of BNSS, 2023; relied on Sujal Vishwas Attavar & Anr. vs. State of Maharashtra & Ors., 2026 SCC OnLine SC 798; transfer-of-investigation prayer refused at investigation stage; liberty to approach Magistrate preserved.
What did the court decide?
A petitioner having grievance with regard to the manner of investigation being carried out by the investigating agency needs to approach the jurisdictional Magistrate under Section 175(3) of BNSS, 2023, rather than seek relief by way of a writ petition.