06 Ranajit (AR.CT) 24.08.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 19652 OF 2026 Amitabha Ghose -vs- The State of West Bengal & Ors. Mr. Debdeep Sinha, Ms. Devanshi Prasad ….for the petitioner. Mr. Amit Chatterjee ….for the respondent nos. 4 to 6. Mr. Rajdeep Mazumder, Ms. Suchitra Sinha Chatterjee, Mr. Milind Mohul Ghosh ….for the State. 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. On perusal of writ petition, it appears that petitioner prays for direction upon the concerned police authorities to register FIR based on complaint lodged. There is also allegation of inaction on the part of concerned police authorities in taking steps on receipt of complaint. 3. State respondents and respondent nos. 4 to 6 are represented by learned advocates. 4. Mr. Mazumder, learned Additional Advocate General representing State respondents has submitted that there is an alternative remedy available if compliant of petitioner is not transformed into an FIR. 5. Having considered case made out in this writ petition, it appears that petitioner is aggrieved due to inaction on the part of concerned police authorities in drawing up FIR based on complaint lodged. 6. There is an alternative remedy available to petitioner under Section 175(3) of BNSS, 2023 by approaching jurisdictional Magistrate, in the event complaint of petitioner is not transformed into an FIR. 7. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court, reported in (2007) 6 SCC 171 (Aleque Padamsee & Ors. –vs. Union of India & Ors.). 8. In view of availability of alternative remedy to petitioner, writ petition is not entertained and same stands dismissed. . 9. However, this order shall not preclude petitioner to approach jurisdictional Magistrate in pursuit of remedy. 10. It is clarified that if jurisdictional Magistrate is approached under Section 175(3) of BNSS, 2023, decision shall be taken without being influenced by the order passed today on this writ petition. 11. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2