Extracted from the PDF above. The PDF is authoritative.
06 rkd
08.06.2026 Ct.05
W.P.A. 11095 of 2026 Oindrila Das -vs- The State of West Bengal & Ors. Mr. Pronojit Ray, Mr. Abira bhattacherjee ….for the petitioner. Mr. Shiv Shankar Banerjee, Mr. Siddtharth Chamris ….for the respondent no.3.
1. Learned advocate for the petitioner submits that prayer is made in this writ petition for registering FIR based on the complaint lodged before the concerned police authority.
2. Respondent no.3 is represented by learned advocates.
3. Since petitioner has prayed for registering FIR based on the complaint lodged by the petitioner, Court finds alternative remedy is available under Section 175(3) of BNSS 2023 by approaching jurisdictional Magistrate in the event petitioner’s complaint has not been transformed into FIR.
4. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court, reported in (2007) 6 SCC 171 (Aleque Padamsee & Ors. –v. Union of India & Ors.).
5. Hence, writ petition stands dismissed.
6. However, this order shall not preclude the
petitioner to approach the jurisdictional Magistrate, in pursuit of remedy.
7. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2