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2026 DAILYLAW 30766 (CAL)

AZIMA KHATOON AND ANR. v. STATE OF WEST BENGAL AND ORS.

WPA/16212/2026 · 2026-07-28

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Ct.No.5 D/L 28.07.2026 11 Saikat Mukherjee WPA/16212/2026 AZIMA KHATOON & ANR. VS. STATE OF WEST BENGAL AND ORS. Mr. Sk. Raju Ahmed, Adv. Ms. Isika Pandey, Adv. Mr. Alok Nath Shaw, Adv. …For the Writ Petitioners Mr. Sukanta Ghosh, Adv. Mr. Ayan Sarkar, Adv. …For the Respondent-State Mr. Satya Prakash Shaw, Adv. …For the Respondent Nos.4 & 5 1. Affidavit-of-service filed on behalf of the writ petitioners is taken on record. 2. At the time of call accommodation is prayed for on behalf of the writ petitioners on the ground of learned advocate. 3. However, State-Respondents and respondent nos.4 and 5 are represented by learned advocates. 4. On perusal of the writ petition it appears that prayer is made for registration of F.I.R. based on the complaint lodged. 5. There is an alternative remedy available to the petitioners under section 175(3) BNSS, 2023, in the event complaint of the petitioners is not transformed into an FIR. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court reported in (2007) 6 SCC 171 (Aleque Padamsee and others vs. Union of India and others) 6. In view of availability of alternative remedy, present writ petition is not entertained and same stands dismissed. 7. However, this order shall not preclude the petitioners to approach the jurisdictional Magistrate under section 175(3) BNSS, 2023, in pursuit of remedy. 8. Parties shall act on the server copy of this order duly downloaded from the official website of this court. (Saugata Bhattacharyya, J.)