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2026 DAILYLAW 28899 (CAL)

PIJUSH KANTI PAL v. STATE OF WEST BENGAL AND ORS.

WPA/15574/2026 · 2026-07-20

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

23 Rkd 20.07.2026 Ct.05 W.P.A. 15574 of 2026 Dr. Pijush Kanti Pal -vs- The State of West Bengal & Ors. Mr. Soumya Dasgupta, Mr. Sattwik Majumder ….for the petitioner. Mr. Suryaneel Das, 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 petitioner is aggrieved by inaction on the part of the concerned police authorities in not registering FIR which prompted the petitioner to approach this Court with the present writ petition seeking direction upon the concerned police authorities. Prayer is made in this writ petition for directing the concerned police authorities to investigate the case on registering FIR. 3. Mr. Das, learned Additional Government Pleader representing the State respondents submits that there is an alternative remedy available to the petitioner under Section 175(3) of BNSS 2023 by approaching jurisdictional Magistrate. 4. It is trite that if petitioner is dissatisfied with the inaction on the part of the concerned police authorities in registering FIR or after registering FIR if appropriate investigation is not being carried out, in that event petitioner needs to approach appropriate authority within the statutory framework. 5. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court reported in 2026 SCC Online SC 798 (Sujal Vishwas Attavar & Anr. v. State of Maharashtra & Ors.) 6. In view of availability of alternative remedy i.e. to approach jurisdictional Magistrate under Section 175(3) of BNSS, 2023, present writ petition is not entertained and same stands dismissed. 7. However, this order shall not preclude the petitioner to take steps in accordance with law. 8. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (Saugata Bhattacharyya, J.) 2