38. 38. 29.07.2026 (D/L) (D/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.) In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 17357 OF 2026 PIJUSH KANTI SARKAR VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. D. Banerjee, Adv. Mr. Debjit Dutta, Adv. …For Petitioner Mr. Anup Dasgupta, Adv. Ms. Renesa Dey, Adv. …For State 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. From the case made out in this writ petition it appears that petitioner is aggrieved by in-action on the part of the concerned police authority and it is submitted that though complaint is lodged but that did not yield result. 3. State respondents are represented by learned advocates. 4. Petitioner needs to approach jurisdictional Magistrate under Section 175(3) of BNSS, 2023 in the event there is in-action on the part of the concerned police authority in not transforming complaint into 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). 5. Due to availability of alternative remedy, present writ petition is not entertained and same stands dismissed. [2] 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.)