Extracted from the PDF above. The PDF is authoritative.
12.08.2026 17 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE)
WPA 18794 of 2026
Jahar Lal Pal –Versus – The State of West Bengal & Ors.
Md. Hasanuz Zaman
…..for the petitioner
Mr. Sayan Mukherjee
Mr. Diptendu Banerjee
….for the respondent nos. 5 & 6
1. Affidavit of service filed on behalf of the petitioner is taken on record.
2. At the time of call, accommodation is prayed for on behalf of the petitioner.
3. However, respondent nos. 5 and 6 are represented by learned advocate who has submitted that petitioner has approached this Court with the present writ petition seeking direction upon concerned police authorities to register FIR based on complaint lodged.
4. Having considered the case made out in the writ petition, this Court finds that no useful purpose would be subserved in keeping this writ petition pending in view of availability of alternative remedy under section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 before the jurisdictional Magistrate, if complaint of the petitioner is not transformed into FIR. In this regard, reliance is
2 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 petitioner 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.)