Dismissed¶15

Subhra Ghosh v. State of West Bengal and Ors.

Calcutta HC28 Jul 2026WPA/17109/2026

Case brief

AI extract

What is this about?

Police protection to complainant during pendency of criminal prosecution refused; contention based on bailable sections in Chetla P.S. Case No. 86 of 2026 not countenanced; alternative remedy to approach jurisdictional magistrate under Section 175(3) BNSS 2023; reliance on Sujal Vishwas Attavar & Anr. v. State of Maharashtra & Ors., 2026 SCC OnLine SC 798; writ petition W.P.A. 17109 of 2026 (Subhra Ghosh v. State of West Bengal & Ors.) dismissed without prejudice to approaching appropriate forum.

What did the court decide?

The petitioner's contention that, as bailable sections are incorporated in Chetla P.S. Case No. 86 of 2026, the police authorities are required to give protection to her as complainant, is not countenanced, considering the nature of the criminal prosecution initiated against the accused persons. ¶12

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

What the court decided

AI extract

Outcome

Dismissed

¶15

Issue for consideration

Whether the petitioner, as complainant in Chetla P.S. Case No. 86 of 2026, is entitled to protection during the pendency of the criminal prosecution, given that the accused persons have not been arrested. +2 more

¶9

Court's answer

The present writ petition is not interfered with and is dismissed; however, the dismissal shall not preclude the petitioner from approaching the appropriate forum, if so advised.

¶15

Ratio / Principle

¶12

Key takeaways

If the petitioner has any grievance relating to the steps taken by the concerned police authorities in connection with the criminal prosecution, the alternative remedy available to her is to approach the jurisdictional magistrate under section 175(3) BNSS, 2023, for which reliance is placed on Sujal Vishwas Attavar & Anr. vs. State of Maharashtra & Ors., 2026 SCC OnLine SC 798.ratio¶14

Detailed headnote1 paragraphs

Calcutta High Court (Saugata Bhattacharyya, J.), W.P.A. 17109 of 2026, Subhra Ghosh v. The State of West Bengal & Ors. (decided 28.07.2026): The petitioner, complainant in Chetla P.S. Case No. 86 of 2026 dated July 21, 2026, sought police protection during the pendency of the criminal prosecution on the ground that bailable sections had been incorporated in the case and the accused persons had not been arrested. The Court held that such contention could not be countenanced considering the nature of the criminal prosecution initiated against the accused persons. Relying on Sujal Vishwas Attavar & Anr. vs. State of Maharashtra & Ors., 2026 SCC OnLine SC 798, the Court observed that any grievance relating to steps taken by the concerned police authorities in connection with the prosecution lay through the alternative remedy of approaching the jurisdictional magistrate under section 175(3) BNSS, 2023. The writ petition was accordingly dismissed, with the rider that the dismissal would not preclude the petitioner from approaching the appropriate forum, if so advised.

¶1

28.07.2026 Item No.31 Ct. No. 05 PG

¶2

W.P.A. 17109 of 2026 Subhra Ghosh Vs.

¶3

The State of West Bengal & Ors.

¶4

Mr. Pratip Mukherjee, Adv. Ms. Chaitali Mukherjee, Adv. …..For the Petitioner

¶5

Mr. Anjan Sengupta, Adv. ..For the State

¶6

Mr. Aritra Ghosh, Adv.

¶7

Mr. Amartya Basu, Adv.….For the respondent no. 4

¶8

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

¶9

By presenting this writ petition, prayer is made for granting protection to the petitioner during pendency of criminal prosecution being Chetla P.S. Case No. 86 of 2026 dated July 21, 2026. It is contended, since accused persons are not arrested, petitioner is required to be provided necessary protection.

¶10

State respondents and respondent no. 4 are represented by learned advocates.

¶11

Argument, which is advanced on behalf of the petitioner is that as bailable sections are incorporated in Chetla P.S. Case No. 86 of 2026 dated July 21, 2026, police authorities are required to give protection to the petitioner being the complainant.

¶12

Such contention is not countenanced considering nature of criminal prosecution initiated against accused persons.

¶13

¶14

However, if petitioner has grievance relating to steps taken by the concerned police authorities in connection with aforesaid criminal prosecution, there is an alternative remedy available to the petitioner to approach jurisdictional magistrate under section 175(3) BNSS, 2023. In this regard, reliance is placed on the judgment of Hon’ble Supreme Court reported in 2026 SCC OnLine SC 798 (Sujal Vishwas Attavar & Anr. vs. State of Maharashtra & Ors.).

¶15

Hence, present writ petition is not interfered with and same is dismissed.

¶16

However, this order shall not preclude the petitioner to approach the appropriate forum, if so advised.

¶17

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

¶18

(Saugata Bhattacharyya, J.)

Subhra Ghosh v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Subhra Ghosh v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

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