21.08.2026 20 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 19864 of 2026 Samir Kundu & Ors. –Versus – The State of West Bengal & Ors. Mr. Anirban Mitra Mr. Tonmoy Kr. Dey Mr. Rajarshi Mitra ….for the petitioner Mr. Aniruddha Dutta \ Mr. Bikash Kumar Sriwastav …for the State respondents 1) Affidavit of service filed on behalf of the petitioners is taken on record. 2) By presenting this writ petition, petitioners pray for direction upon the concerned police authorities for registering FIR based on complaint lodged. 3) State respondents are represented by learned advocate. 4) In view of availability of alternative remedy under section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 petitioners can approach the jurisdictional Magistrate, if complaint of the petitioners is not transformed into FIR. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court 2 reported in (2007) 6 SCC 171 (Aleque Padamsee and Others Vs. Union of India & Others). 5) Hence, writ petition is not entertained and same stands dismissed. 6) However, this order shall not preclude the petitioners to approach jurisdictional Magistrate in pursuit of remedy. 7) Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Saugata Bhattacharyya, J.)