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Calcutta High Court · body

2026 DAILYLAW 273 (CAL)

RASUNARA BEGUM v. THE STATE OF WEST BENGAL AND ORS.

WPA/5469/2026 · 2026-03-18

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

18.03.2026 07 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 5469 of 2026 Rasunara Begum –Versus – The, State of West Bengal & Ors. Mr. Avijit Gope ….for the petitioner Mr. Akash Dutta ….for the State respondents 1) Affidavit of service filed on behalf of the petitioner is taken on record. 2) Petitioner has prayed for issuance of mandamus directing concerned police authority to register FIR based on the complaint made before the police authority. 3) State respondents are represented by learned advocate. 4) For registration of FIR writ petition is not maintainable, rather petitioner is required to approach the jurisdictional Magistrate under section 175(3) and sections 210 and 223 of Bharatiya Nagarik Suraksha Sanhita, 2023. 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 & Others). 5) Hence, writ petition stands dismissed. 6) However, this order shall not preclude the petitioner to take steps in accordance with law. 7) Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Saugata Bhattacharyya, J.)