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2026 DAILYLAW 28095 (CAL)

RABIN NASKAR v. STATE OF WEST BENGAL AND ORS.

WPA/15186/2026 · 2026-07-14

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

18. 14.07.2026. Court No.05. (Pritam) WPA 15186 of 2026. Rabin Naskar -Vs.- State of West Bengal & Ors. Mr. Suddhadev Adak, Ms. Richa Pramanik, Mr. Samrat Hoque. ......for the petitioner. Mr. Suryaneel Das, Ld. AGP., Ms. Suchitra Sinha Chatterjee, Mr. Chiranjit Pal. .....for the State. 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. Learned advocate representing the petitioner submits that there is inaction on the part of the police authorities in registering FIR, which prompts the petitioner to approach this court seeking direction upon the concerned police authorities. 3. Learned advocate representing State respondents has submitted that there is an alternative remedy available under Section 175(3) of BNSS, 2023 by approaching jurisdictional Magistrate. It is also submitted that the offence reported is non-cognizable in nature. 4. If petitioner is aggrieved by inaction on the part of the police authorities in registering FIR, in that event the petitioner is required to approach jurisdictional Magistrate under Section 175(3) of BNSS, 2023. In this 2 regard, reliance is placed on the judgment of the Hon’ble Supreme Court reported in Aleque Padamsee vs. Union of India reported in (2007) 6 SCC 171. In view of availability of alternative remedy, writ petition is not entertained and same stands dismissed. 5. However, this order shall not preclude the petitioner to approach jurisdictional Magistrate in pursuit of his remedy. 6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)