WPA/7582/2026 of SK. MOBARAK ISLAM Vs STATE OF WEST BENGAL AND ORS.

01.04.2026 38 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 7582 of 2026 Sk. Mobarak Islam –Versus – The State of West Bengal & Others Mr. Sabyasachi Chatterjee Mr. Pintu Karar Ms. Monalisha SInha Mr. Dipankar Das Mr. Kaustav Chatterjee ……for the petitioner Mr. Swapan Kumar Dutta, Ld. GP Mr. Suman Sengupta Mr. Pradyot Kumar Das ……for the S tate respondents 1) Affidavit of service filed on behalf of the petitioner is taken on record. 2) Mr. Chatterjee, learned advocate representing the petitioner submits that based on complaint FIR was registered but same is required to be logically concluded at an early date. At the same time, prayer is made for granting police protection and police authorities are also required to recover certain materials of the petitioner including some valuable documents. 3) Mr. Dutta, learned Government Pleader appearing on behalf of the State respondents has filed a communication dated 31st March, 2026 of Inspector-in- 2 Charge of Bagnan Police Station and same is taken on record. Copy of said communication is made over to the learned advocate representing the petitioner. 4) It is disclosed in said communication dated 31 st March, 2026 that there are FIR and counter FIR leading to initiation of two parallel criminal prosecutions, one being Bagnan Police Station Case No. 171/26 dated 27 th March, 2026 and another is Bagnan Police Station Case No. 150/26 dated 18 th March, 2026. However, it is submitted on behalf of the State respondents that taking note of the complaint lodged by the petitioner Bagnan Police Station Case No. 171/26 dated 27 th March, 2026 was initiated. It is submitted on behalf of the State respondents that as the prosecution was started on 27th March, 2026 police authorities require certain time to submit final report. 5) With regard to recovery of materials which petitioner lost prayer is made to that extent in the present writ petition, it is submitted on behalf of the State respondents that petitioner is required to approach before the jurisdictional Magistrate in accordance with law in pursuit of such relief. 6) Having considered the respective submissions made on behalf of the parties and taking note of the communication dated 31 st March, 2026, as it is found that criminal prosecution has been initiated being Bagnan Police Station Case No. 171/26 dated 27 th March, 2026 police authorities are directed to take the same to its logical conclusion expeditiously. 3 7) Leave is granted to the petitioner to approach the jurisdictional Magistrate, if occasion so arises. Concerned police authorities are directed to maintain peace and tranquility at the locale and keep vigil. 8) Writ petition stands disposed of. 9) There shall be no order as to costs. 10) Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Saugata Bhattacharyya, J.)