05.08.2026 11 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 16671 of 2026 Sandip Adak –Versus – The State of West Bengal & Ors. Mr. S. Chatterjee Mr. S.U. Laskar ….for the petitioner Mr. Hemraj Adhikari ……. For the State respondents 1) Affidavit of service filed on behalf of the petitioner is taken on record. 2) From the case made out in writ petition it appears that petitioner prays for direction upon the concerned police authorities for registering FIR based on complaint lodged. 3) State respondents are represented by learned advocate. 4) In view of availability of alternative remedy under section 175(3) of the Bharatiya Nagarik Suraksha 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). 2 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.)