14.07.2026 Sl. No. 20 Ct No. 5 SG WPA 15208 of 2026 Avishek Kundu Vs The State of West Bengal & Ors. Mr. Samrat Saha, Mr. Aishwarya Roy. …for the petitioner Ms. Sneha Dutta, Ms. Dyutimay Paul, Mr. Atanu Basu. …for the State 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. Learned advocate representing the petitioner submits issue involved in this writ petition relates to financial scam requiring initiation of criminal prosecution by registering FIR. 3. State respondents are represented by learned advocate and it is submitted that there is an alternative remedy available under Section 175(3) of BNSS, 2023 by approaching jurisdictional magistrate. 4. Since it is contended on behalf of the petitioner that there is inaction on the part of the police authorities in registering FIR, petitioner needs to approach the 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 And Ors vs. Union of India). 2 5. In view of availability of alternative remedy, present 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.)