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2026 DAILYLAW 29643 (CAL)

PRASANTA KUMAR GAYEN v. STATE OF WEST BENGAL AND ORS.

WPA/16118/2026 · 2026-07-22

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24 Rkd 22.07.2026 Ct.05 W.P.A. 16118 of 2026 Prasanta Kumar Gayen -vs- The State of West Bengal & Ors. Mr. Vivek Kumar Tripathi, Ms. Aparna Dhali ….for the petitioner. Mr. Indrajit Roy Choudhury, Mr. Jaydipta Mandal ….for the State. 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. Learned advocate representing the petitioner prays for direction upon the concerned police authority to register FIR based on the complaint lodged. 3. There is an alternative remedy available to the petitioner by approaching jurisdictional Magistrate under Section 175(3) of BNSS 2023 in the event complaint of the petitioner is not transformed into an FIR. 4. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court, reported in (2007) 6 SCC 171 (Aleque Padamsee & Ors. –vs. Union of India & Ors.). 5. In view of availability of alternative remedy, writ petition is not entertained and 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.) 2