SK. OBAIDUR RAHAMAN v. STATE OF WEST BENGAL AND ORS.
WPA/16575/2026 · 2026-07-23
Saugata Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 30216 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 30216 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
28. 23.07.2026. Court No.05.
(Pritam)
WPA 16575 of 2026.
Sk. Obaidur Rahaman. -Vs.- State of West Bengal & Ors.
Ms. Salma Sultana Shah, Mr. Sani Hossain, Mr. Miraj Hossain.
......for the petitioner.
Ms. Moushumi Roy, Mr. Mainak Chandra.
......for the State.
1. Affidavit-of-service filed on behalf of the petitioner is taken on record.
2. A case is made out in this writ petition that in respect of lodging complaints, some are not transformed into FIR. Inaction of the police authority is complained of.
3. State respondents are represented by learned advocate and it is submitted on instruction that till date, no FIR has been drawn up considering nature of alleged offence. However, enquiry is going on.
4. There is an alternative remedy available to the petitioner under Section 175(3) of BNSS, 2023 in the event FIR is not registered based on the complaint lodged. 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.
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5. Hence, present writ petition is not entertained and same stands dismissed.
6. However, this order shall not preclude the petitioner to approach the 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.)