LACHHIMI JHA @ LAKSHMI JHA v. STATE OF WEST BENGAL AND ORS.
WPA/17636/2026 · 2026-08-05
Saugata Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 32565 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 32565 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
05.08.2026 17 Court No. 05 (DL) (Suvendu Mukherjee)
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE)
WPA 17636 of 2026
Lachhimi Jha allias Lakshmi Jha & Anr. –Versus – The State of West Bengal & Ors.
Mr. Soumya Banerjee
Ms. Sucheta Banerjee
Ms. Chirasree Thakurata
….for the petitioner
Mr. Sourodeep Singha
……. For the respondent nos. 15-17
Mr. Imdadul Biswas
Md. Shahajan
…for the respondents nos. 5-7 & 9-13
Mr. Indradeep Pal
Mr. Sudipta Ghosh
……for the State respondents
1) Affidavit of service filed on behalf of the petitioners is taken on record. 2) From the case made out in writ petition it appears that petitioners pray for direction upon the concerned police authorities for registering FIR based on complaint lodged. 3) State respondents and private respondents are represented by learned advocates. 4) In view of availability of alternative remedy under section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 petitioners can approach the
2 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 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.)