Calcutta High Court
WPA/15659/2026 of TANDRA GHOSH Vs STATE OF WEST BENGAL AND ORS. on 9 October 2026
Item No.23 (DL) Court No.758 AJ. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION W.P.A. 15659 of 2026 Tandra Ghosh -Vs- The State of West Bengal & Ors. Mr. Arka Pratim Chowdhury, Ms. Puja Rajbhor. … for the petitioner. Mr. Susanta Dutta, Sunanda De Sarkar.
09.10.2026
Item No.23 (DL)
Court No.758
AJ.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
W.P.A. 15659 of 2026
Tandra Ghosh
-Vs-
The State of West Bengal & Ors.
Mr. Arka Pratim Chowdhury,
Ms. Puja Rajbhor.
… for the petitioner.
Mr. Susanta Dutta,
Sunanda De Sarkar.
….for the State.
Mr. Debasish Banerjee.
….for the respondent no.5.
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1. Affidavit of service filed by the learned Advocate for the petitioner is taken on record.
2. The present writ petition under Article 226 of the Constitution of India has been filed praying for quashing of all further proceedings arising out of Khardah Polise Station Case No. 348 of 2026 dated 28th June, 2026 registered for investigation into the offences punishable under Sections 115(2)/3(5)/308(5)/351(3) and 61(2) of the BNS, 2023.
3. Learned Advocate for the State appears and submits that the instant writ petition is one for quashing of an FIR and this Court should not exercise jurisdiction under Article 226 of the Constitution of India in this matter.
4. The learned State submits that there are prima facie allegations in the complaint and if the same are taken on its face value and believed to be true, the FIR cannot be quashed.
5. I have also heard the learned Advocate for the de-facto complainant who appears and opposes the writ petition and submits that the same is without any merit.
6. Heard the parties and considered the materials on record.
7. It appears that the petitioner has prayed for quashing of an investigation. In view of the fact that this Court does not exercise determination under Section 482 of the Cr.P.C., this Court is not inclined to exercise its extra-ordinary power under Article 226 of the Constitution of India to adjudicate the present writ petition, given the facts of the present case.
8. Without going into the merits of the contention made by the petitioner or the private respondent, WPA 15659 of 2026 is disposed of by granting liberty to the petitioner to file appropriate application under Section of the Cr.P.C. before the competent Court. It is clarified that this Court has not gone into the merits of the case.
9. There shall be no order as to costs.
10. Urgent photostat certified copy of this order, if applied for, be supplied to the parties
subject to compliance with all requisite formalities.
(Anuj Singh, J.)