08.07.2026 Sl. No. 22 Ct No. 5 SG WPA 14489 of 2026 Umesh Upadhyay Vs The State of West Bengal & Ors. Mr. Anindy Bose, Mrs. Shomdutta Bhattacharjee, Ms. Liza Chatterjee, Ms. Nafisa Khatun. …for the petitioner Mr. Suryaneel Das, ld. AGP. Ms. Suchitra Sinha Chatterjee, Mr. Bhaskar Bhattacharyya. …for the State Ms. Soma Kar Ghosh, Mr. Arabinda Pathak, Ms. Suparna Paul, Ms. S. Ghosh, Ms. S. Paul. …for private respondents 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. Learned advocate representing the petitioner submits that complaint lodged by the petitioner is not acted upon by registering FIR though complaint lodged by respondent no. 6 being petitioner’s daughter-in-law gave rise to Sankrail Police Station Case no. 383/26 dated 31st May, 2026 under Section 85/316(2)/3(5) of BNS, 2023. Prayer is made in this writ petition for directing the police authorities for taking necessary steps which would permit the petitioner to stay at his residence peacefully. 2 3. State respondents and respondent no. 6 are represented by learned advocates. 4. On behalf of State respondents communication dated 2nd July, 2026 of Inspector-in-Charge, Sankrail Police Station is filed and same is taken on record. Copies of the communication dated 2nd July, 2026 are made over to the learned advocates representing the petitioner and respondent no. 6. 5. As it is found from the communication dated 2nd July, 2026 that complaint of the petitioner dated 29th May, 2026 is not transformed into an FIR, petitioner has an alternative remedy under Section 175(3) of BNSS, 2023 by approaching the jurisdictional magistrate. 6. It is also made clear that investigating agency is free to take necessary steps in connection with investigation being carried out in Sankrail Police Station Case no. 383/26 dated 31st May, 2026 which was initiated based on the complaint of respondent no 6. 7. Accordingly, the writ petition is disposed of. 8. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)