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2026 DAILYLAW 29998 (CAL)

RASHMI MAHESWARI v. STATE OF WEST BENGAL AND ORS.

WPA/13327/2026 · 2026-07-23

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

91 2233..0077..22002266 Ct. No. 05 adeb WPA 13327 of 2026 Rashmi Maheswari Vs. The State of West Bengal & Ors. Mr. Shovan Banerjee Mr. Subhabrata Basu Mr. Ashish Sardar …for the petitioner Mr. Suryaneel Das Ms. Anita Kundu Ms. Sumita Sarkar …for the State Mr. Sunit Kumar Roy Ms. Susmita Mondal …for the respondent no. 7 1. Having heard the learned advocates representing parties it appears prayer is made in this writ petition seeking direction upon the concerned police authorities to register FIR based on the complaints lodged. 2. Learned advocate representing respondent no. 7 has submitted that there is an alternative remedy available to the petitioner under Section 175(3) BNSS, 2023 by approaching jurisdictional Magistrate. 3. Since it is found from the case made out in the writ petition that petitioner is aggrieved by inaction on the part of the concerned police authority in transforming the complaint into 2 FIR, petitioner needs to approach jurisdictional Magistrate within the statutory framework. 4. In this regard reliance is placed on the judgment of Hon’ble Supreme Court reported in (2007) 6 SCC 171 (Aleque Padamsee and Others vs. Union of India & Others). 5. In view of availability of alternative remedy writ petition is dismissed. 6. However, this order shall not preclude the petitioner to approach 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.)