11 10.07.2026 Court No.05 pg. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 14715 of 2026 Anikul Hoque -versus The State of West Bengal & Ors. Mr. Anindya Ghosh … For the petitioner Mr. Suryaneel Das, Ld. AGP Ms. Suchitra Sinha Chatterjee Mr. Adrisnata Chakraborty … For the State Mr. Sunit Kumar Roy Ms. Shahini Sen … For the respondent nos.9 to 17 1. Affidavit of service filed on behalf of petitioner is taken on record. 2. By presenting this writ petition, petitioner has prayed for a direction upon concerned police authorities for drawing up an FIR based on complaint lodged. 3. State respondents and private respondents are represented by learned advocates. 4. Mr. Roy, learned advocate representing private respondents has submitted that there is an alternative remedy available to petitioner under Section 175(3) of BNSS, 2023 thereby approaching the jurisdictional Magistrate. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court, 2 reported in 2026 SCC OnLine SC 798 (Sujal Vishwas Attavar & Anr. v. State of Maharashtra & Ors.). 5. Since complaint of petitioner is yet to be transformed into an FIR, petitioner is required to approach jurisdictional Magistrate under Section 175(3) of BNSS, 2023. 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.) and the observations made by the Hon’ble Supreme Court in paragraph 7 of Sujal Vishwas Attavar (supra) is also relied upon. 6. Due to availability of alternative remedy, writ petition is not entertained and same stands dismissed. 7. However, this order shall not preclude petitioner to approach the jurisdictional Magistrate, in pursuit of remedy. 8. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)