No Article 226 plea if alternative remedy exists in criminal case: HC

In a case relating to alleged illegal arrest and custodial torture, the Calcutta High Court noted that an order of the criminal court, even if it is suffering from infirmity, cannot be challenged by way of an application under Article 226 (writ power of High Courts) of the Constitution of India when alternative remedy is available under statute.

- SOUMYADIP MULLICK

KOLKATA:

The bench of Justice Tirthankar Ghosh was moved by the petitioner, mother of the accused who was arrested on April 19, 2025 by Bidhannagar (North) Police Station in a case relating to alleged sexual intercourse with false promise of marriage (Section 69 of the BNS).

The petitioner challenged the arrest's legality, alleging procedural violations and custodial torture, seeking bail for the accused and action against the investigating officer.