42 rkd 30.06.2026 Ct.05 W.P.A. 13994 of 2026 Anita Patra Ghosh @ Anita Patra -vs- State of West Bengal & Ors. Ms. Abira Bhattacharjee ….for the petitioner. Ms. Suchitra Sinha Chatterjee ….for the State. 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. Learned advocate representing the petitioner prays for direction upon the concerned police authority to register FIR based on the complaint lodged. 3. Learned advocate representing the State respondents has opposed this writ petition and it is submitted that an 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. Court finds that under Section 175(3) of BNSS 2023 petitioner has an alternative remedy available by approaching jurisdictional Magistrate in the event complaint of the petitioner is not transformed into an FIR. 5. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court, reported in (2007) 6 SCC 171 (Aleque Padamsee & Ors. –vs. Union of India & Ors.). 6. Hence, writ petition is not entertained and stands dismissed. 7. However, this order shall not preclude the petitioner to approach the jurisdictional Magistrate, in pursuit of remedy. 8. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2