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30.10.2026 In the High Court at Calcutta S.L. 5 Ct. No. 8 Constitutional Writ Jurisdiction (Habeas Corpus)

Appellate Side Mujahid/

Rakib, A.R.(Ct.)

Case No.

WPA (H) 96 of 2026 With CAN 1 of 2026 In the matter of :

Jaynab Ara Khatun … Petitioner VS.

The State of West Bengal & Ors.

… Respondents For the Petitioner :

Mr. Avik Ghatak Ms. Sutapa Dutta Mr. Dip Dutta Mr. Fahad Imam … Advocate For the State :

Mr. Pijush Chaturvedi, Sr. Adv.

Mr. Asis Mukherjee Mr. Sunny Nandy … Advocate

1. This application is being taken up pursuant to the directions passed by the Hon’ble Supreme Court in Special Leave Petition (Criminal) Diary No(s). 65168/2026.

2. Learned Advocate appearing for the petitioner has drawn the attention of the Court to the orders dated 16.08.2026 and 19.08.2026 passed by the learned ACJM, Barrackpore.

3. We find from the said orders that the petitioner was apprehended at NSCBI Airport in connection with the FIR No. 650/2020 dated 24.12.2020 relating to Sector 58 police station, Noida. Petitioner’s transit remand was also rejected as also the bail application of the petitioner was refused. Petitioner is in custody since 16^th of August, 2026.

4. The State could not produce any document to show that the petitioner is wanted in connection with any case in West Bengal. All the cases which have been referred to which are 13 in number arises in relation to Sector 58 police station, Gautam Buddh Nagar, UP.

5. We have perused merits of the case without entering into the maintainability of the Habeas Corpus petition or the issues relating to reasons of arrest and grounds of arrest canvassed by the petitioner, we are inclined to pass the following orders:

6. Having considered that there are specific criminal cases against the petitioner, we are of the opinion that petitioner be immediately placed before the jurisdictional Court having authority to exercise its powers over Sector 58 police station, Gautam Buddh Nagar, UP.

7. It has been informed that the petitioner is having frailing health condition. If the UP police authorities are not available, State police authorities would arrange abandon precaution and produce the petitioner before the jurisdictional Court at UP.

8. Let whole of the process be completed within a period of seven days from date.

9. With the aforesaid observations, WPA (H) 96 of

2026 along with the connected application is disposed of.

10. All parties shall act in terms of server copy of the order downloaded from the official website of this Court.

11. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

( Rishad Medora, J.) ( Tirthankar Ghosh, J. )