AMIT SHANKAR MONDAL v. STATE OF WEST BENGAL AND ORS.
WPA/12689/2026 · 2026-08-07
Saugata Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 33746 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 33746 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
07.08.2026 109 Court No. 05 (DL) (Suvendu Mukherjee)
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE)
WPA 12689 of 2026
Amit Shankar Mondal –Versus – The State of West Bengal & Ors.
Mr. Pintu Karar
Mr. Badrul Karim
Ms. Meghna Chowdhury
….for the petitioner
Ms. Anita Kundu
Ms. Sumita Sarkar
……for the State respondents
Mr. Supriyo Shasmal
….for the respondent no. 8
1) Affidavit of service filed on behalf of the petitioner is taken on record. 2) By presenting this writ petition, petitioner has prayed for direction upon the concerned police authorities to register FIR based on the complaint lodged. 3) State respondents and respondent no. 8 are represented by learned advocates. 4) Learned advocate representing the State respondents submits that steps have been taken by the police authorities but till date no FIR is registered. 5) In view of availability of alternative remedy under section 175(3) of the Bharatiya Nagarik Suraksha
2 Sanhita, 2023 petitioner can approach the jurisdictional Magistrate, if complaint of the petitioner 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). 6) Hence, writ petition is not entertained and same stands dismissed. 7) However, this order shall not preclude the petitioner to approach jurisdictional Magistrate in pursuit of remedy. 8) Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Saugata Bhattacharyya, J.)