16 rkd 22.06.2026 Ct.05 W.P.A. 11282 of 2026 Ratan Sarkar -vs- State of West Bengal & Ors. Mr. Partha Sarathi Das, Mr. Kausik Biswas, Mr. Debojyoti De, Mr. Umer Sidhique, Ms. Purnima Panda, Ms. Sudipa Das, Mr. Agrojyoti Chanda ….for the petitioner. Mr. Nikhil Kumar Gupta, Mr. Subhadeep Maitra ….for the respondent nos.7 to 11. Mr. Suryaneed Das, Ms. Anita Kundu, Ms. Sumita Sarkar ….for the State. 1. Learned advocate representing the petitioner submits that a complaint was lodged but same was not transformed into an FIR prompting the petitioner to approach this Court seeking direction upon the concerned police authority to register FIR. 2. Learned advocates representing the respondents have opposed this writ petition on the count that there is an alternative remedy available under Section 175(3) of BNSS 2023 by approaching jurisdictional Magistrate in the event petitioner’s complaint has not been transformed into FIR. 3. Court finds that under Section 175(3) of BNSS 2023 petitioner has a remedy available by approaching jurisdictional Magistrate in the event complaint of the petitioner is not transformed into an 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, present writ petition is not entertained and same 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