26. 26. 20.07.2026 (D/L) (D/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.) In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 15609 OF 2026 SK. MISBEUL ISLAM AND OTHERS VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Sourav Guha Thakurta, Adv. Mr. Tarak Nath Sarkar, Adv. Mr. A. Sarkar, Adv. …For the Petitioners Mr. Suryaneel Das, AGP Mr. Swastik Saha, Adv. …For the State 1. Affidavit-of-service filed on behalf of the petitioners is taken on record. 2. On perusing the prayer made in this writ petition, it appears that petitioners pray for direction upon the concerned police authority for registering FIR based on the complaint lodged. In other words, due to in- action on the part of the concerned police authority in not transforming the complaint of the petitioners into FIR, present writ petition is filed. 3. State respondents are represented by learned advocates. 4. Having considered the case made out in this writ petition, it is found that petitioners have approached this Court seeking issuance of mandamus thereby directing the concerned police authority to register FIR. 5. There is an alternative remedy available under Section 175(3) of BNSS to approach the jurisdictional Magistrate in the event complaint of the petitioners is not transformed into FIR. In this regard, reliance is [2] placed on the judgment of the Hon’ble Supreme Court reported in (2007) 6 SCC 171 (Aleque Padamsee and others vs. Union of India and others). 6. Due to availability of alternative remedy, present writ petition is not entertained and same stands dismissed. 7. However, this order shall not preclude the petitioners to approach the jurisdictional Magistrate in pursuit of remedy. 8. Parties to act on the server copy of this order duly downloaded from the official website of this court. (SAUGATA BHATTACHARYYA, J.)