06. 06. 07.08.2026 (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. 18307 OF 2026 AREN CHOWDHURY VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. S.K. Humayan Reza, Adv. …For Petitioner Mr. Suryaneel Das, AGP Mr. Souvik Sen, Adv. Mr. Atreya Chakraborty, Adv. …For State 1. A case is made out in this writ petition thereby seeking direction upon the concerned police authority to take steps based on complaint dated 13th February, 2026 of the petitioner. 2. It is submitted on behalf of petitioner that respondent no.6 being wife of petitioner’s brother committed offence and extorted money. It is stated in the said complaint that putting the premises where petitioner along with other family members reside, under lock and key when petitioner returned to his place of work, respondent no.6 along with her associates broke open the padlock and took possession of the said dwelling house. 3. Mr. Suryaneel Das, learned Additional Government Pleader representing State respondents has filed a communication dated 2nd August, 2026 of Inspector-in- Charge, Chanchal Police Station, Malda and same is taken on record. Copy of the said communication dated 2nd August, 2026 is made over to the learned advocate representing petitioner. [2] 4. It is disclosed in the said communication that respondent no.6 is not wife of petitioner’s brother; rather respondent no.6 is second wife of petitioner. 5. From the complaint dated 13th February, 2026 it appears that petitioner with the assistance of concerned police authorities is trying to recover possession of the said dwelling house which according to petitioner is presently under possession of respondent no.6. 6. If petitioner finds that he has right to enjoy possession over the dwelling house, in that event, petitioner needs to approach appropriate forum in pursuit of remedy. Police authority is not the appropriate authority to decide between petitioner and respondent no.6, who should have possession over the said dwelling house. 7. So far in-action on the part of concerned police authority is complained of in this writ petition — that no FIR is registered based on complaint of petitioner dated 13th February, 2026, petitioner has alternative remedy available under Section 175(3) of BNSS, 2023 by approaching jurisdictional Magistrate. 8. Hence, present writ petition is not interfered with and same stands dismissed. 9. However, this order shall not preclude petitioner to take steps, in accordance with law. 10. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings. (SAUGATA BHATTACHARYYA, J.)