Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 30182 (CAL)

SADDAM ALI v. STATE OF WEST BENGAL AND ORS.

WPA/16607/2026 · 2026-07-23

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

30. 23.07.2026. Court No.05. (Pritam) WPA 16607 of 2026. Saddam Ali. -Vs.- State of West Bengal & Ors. Ms. Salma Sultana Shah, Mr. Sani Hossain, Mr. Miraj Hossain. ......for the petitioner. Mr. Atreya Chakraborty. ......for the respondent nos.5, 6 & 13. Mr. Sandipan Maity. ......for the respondent no.10. Mr. Masum Ali Sardar, Ms. Naghma Tabassum. ....for the respondent nos.7, 8, 9, 11 & 12. 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. Matter is heard in presence of the learned advocates representing the petitioner and private respondents. 3. However, State respondents are not represented. 4. It is found from the case made out by the petitioner that prayer is made for issuance of mandamus, thereby directing concerned police authorities to register FIR based on the complaint lodged. 5. There is an alternative remedy available under Section 175(3) of the BNSS, 2023 by approaching jurisdictional Magistrate in the event complaint of the petitioner is not transformed into an FIR. 2 6. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court reported in (2007) 6 SCC 171 in Aleque Padamsee vs. Union of India & Ors. 7. In view of availability of alternative remedy, present writ petition is not entertained and same stands dismissed. 8. However, this order shall not preclude the petitioner to approach the jurisdictional Magistrate in pursuit of remedy. 9. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)