Disposed¶15

Malati Sana v. State of West Bengal and Ors.

Calcutta HC24 Feb 2026WPA/24332/2024

Case brief

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What is this about?

Malati Sana vs State of West Bengal & Ors | WPA 24332 of 2024 | decided 24.02.2026 | Suvra Ghosh, J | forged-signature false complaint against petitioner's husband | detention, release on bail, final report discharging both | husband's follow-up complaints to police ignored | investigating officer suspended and disciplinarily punished | complainant directed to jurisdictional Magistrate under Section 175 BNSS | writ petition disposed, no costs | allegations deemed not admitted (no affidavit invited).

What did the court decide?

Complainant given liberty to approach the jurisdictional Magistrate under Section 175 of the BNSS for redressal; writ petition disposed of; no order as to costs. ¶15

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

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jdt. 24.02.2026 jb.

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WPA 24332 of 2024 (Malati Sana vs. State of West Bengal & Ors.)

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Mr. Nirmalendu Bera Ms. Tanima Nandy

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…. For the Petitioner

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Mr. Asish Kr. Guha Mr. Rajendra Chaturvedi

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…. For the State

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Affidavit of service filed by the petitioner and the report submitted by the State are taken on record.

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The petitioner alleges that the private respondents lodged a false complaint against the petitioner’s husband by forging the signature of the petitioner despite the fact that no such complaint was lodged by the petitioner. The petitioner and her husband were detained in course of investigation of the said complaint and were released on bail. The case culminated in a final report discharging the petitioner and her husband. Thereafter the petitioner’s husband lodged several complaints before the police authority against the private respondents requesting necessary steps against them. The complaints have not been considered.

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It appears from the report submitted by the State that the investigating of the case has been suspended and upon initiation of disciplinary proceedings against him appropriate punishment has been awarded by the competent authority.

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Upon consideration of the submission made on behalf of the parties, this Court is of the view that since the complaints lodged by the petitioner’s husband have not been

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acted upon by the police authority, the complainant is at liberty to approach the jurisdictional Magistrate under Section 175 of the BNSS for redressal of her grievance.

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No fruitful purpose shall be served in keeping the writ petition pending.

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The same is accordingly disposed of.

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There shall be no order as to costs.

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Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

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Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

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(Suvra Ghosh, J.)

Malati Sana v. State of West Bengal and Ors.

Case brief

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Malati Sana v. State of West Bengal and Ors.

Case brief

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