AJAY KUMAR AGARWALA v. STATE OF WEST BENGAL AND ORS.
WPA/13861/2026 · 2026-07-07
Saugata Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 26497 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 26497 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
06.
06. 07.07.2026 (D/L) (D/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.)
In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 13861 OF 2026 AJAY KUMAR AGARWALA VS.
THE STATE OF WEST BENGAL AND OTHERS …………… Ms. Arushi Rathore, Adv. …For the Petitioner Mr. Suryaneel Das, AGP Ms. Suchitra Sinha Chatterjee, Adv. Ms. Sumita Sarkar, Adv. …For the State
1. By presenting this writ petition prayer is made for registering FIR based on the complaint lodged by the petitioner.
2. State respondents are represented by Mr. Das, learned Additional Government Pleader.
3. There is an alternative remedy available to the petitioner under Section 175 (3) of BNSS, 2023, in the event, complaint of the petitioner is not 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 and others vs. Union of India and others).
5. Hence, 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.)