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2026 DAILYLAW 29794 (CAL)

BAPI SHAIKH v. STATE OF WEST BENGAL AND ORS.

WPA/16698/2026 · 2026-07-24

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

09. 24.07.2026. Court No.05. (Pritam) WPA 16698 of 2026. Bapi Shaikh -Vs.- State of West Bengal & Ors. Mr. Ziaul Islam, Sr. Adv., Ms. Muskaan Chowdhury. ......for the petitioner. Mr. Siddhartha Sharma, Mr. Asumdipta Santra, Mr. Md. Danish Taslim. ......for the State. 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. From the case made out in the writ petition, it appears that petitioner is aggrieved by inaction on the part of the concerned police authorities in taking steps based on complaints lodged. 3. State respondents are represented by learned advocate. 4. Since it is agitated before this Court that there is inaction on the part of the concerned police authorities in taking steps based on complaints lodged by registering FIR, petitioner needs to approach 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 & Ors. vs. Union of India & Ors.). 2 5. In view of availability of alternative remedy, writ petition is not entertained and same stands dismissed. 6. However, this order shall not preclude the petitioner to approach jurisdictional Magistrate in pursuit of remedy. 7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)