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2026 DAILYLAW 32975 (CAL)

HIMANGSHU SARKAR v. STATE OF WEST BENGAL AND ORS.

WPA/19798/2026 · 2026-08-21

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

12 2211..0088..22002266 Ct. No. 05 adeb WPA 19798 of 2026 Himangshu Sarkar Vs. The State of West Bengal & Ors. Mr. Tapash Kumar Mondal Mr. Mehedi Masud …for the petitioner Mr. Soumen Banerjee Mr. Debdipto Banerjee …for the respondent no. 4 Mr. Abhijit Ray Ms. Rimi Bhattacharyya Ms. Naaz Parveen …for the State 1. Affidavit of service filed on behalf of petitioner is taken on record. 2. Petitioner prays for direction upon the concerned police authorities to register FIR based on complaint lodged. It is alleged that there is inaction on the part of the concerned police authorities in taking steps having received complaint. 3. State respondents and respondent no. 4 are represented by learned advocates. 4. There is an alternative remedy available to petitioner under Section 175(3) BNSS 2023 in the event complaint of petitioner is not transformed into an FIR. In this regard reliance is placed on the judgment of Hon’ble Supreme Court reported in (2007) 6 SCC 171 (Aleque 2 Padamsee and Others vs. Union of India & Others). 5. In view of availability of alternative remedy present 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. Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)