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2026 DAILYLAW 34025 (CAL)

SANJEEV KUMAR PATHAK v. STATE OF WEST BENGAL AND ORS.

WPA/19119/2026 · 2026-08-18

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16 Ranajit (AR.CT) 18.08.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 19119 OF 2026 Sanjeev Kumar Pathak -vs- The State of West Bengal & Ors. Mr. Siddhart Srivastava, Ms. Dipitak Sanker ….for the petitioner. Mr. Mujibar Ali Naskar ….for the respondent no.8. Mr. Anirban Das, Mr. Subhajit Das ….for the State. 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. Writ petition is filed seeking direction upon the concerned police authorities to register FIR based on complaint lodged. 3. Respondent no.8 and State respondents are represented by learned advocates. 4. There is an alternative remedy available to petitioner under Section 175(3) of BNSS, 2023 by approaching jurisdictional Magistrate, in the event complaint of petitioner is not transformed into an FIR. 5. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court, reported in (2007) 6 SCC 171 (Aleque Padamsee & Ors. –vs. Union of India & Ors.). 6. In view of availability of alternative remedy to petitioner, 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. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2