25 Ranajit (AR.CT) 12.08.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 18834 OF 2026 Amaresh Giri -vs- The State of West Bengal & Ors. Mr. Lalratan Mandal, Mr. Dilip Kumar Sadhu ….for the petitioner. Mr. Amit Ranjan Pati, Ms. Swastika Chowdhury, Ms. Ilika Nag, Mr. Avijit Chatterjee ….for the respondent nos.5 to 7. Mr. Subrata Mukherjee, Mr. Siddharta Sharma ….for the State. 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. It is submitted that in spite of lodging complaint dated 7th July, 2026 with the concerned police authorities investigation has not commenced based on registering FIR. Direction is prayed for upon the concerned police authorities to take steps and to commence investigation on registration of FIR. 3. Learned advocate representing the State respondents has filed a communication dated 4th August, 2026 of Officer-in-Charge, Belda Police Station and same is taken on record. Copies of the communication dated 4th August, 2026 are made over to the learned advocates representing petitioner and respondent nos.5 to 7. 4. It is disclosed in the communication dated 4th August, 2026 that Non-Cognizable Report dated 9th January, 2026 was submitted. 5. Learned advocate representing respondent nos.5 to 7 submits that there are complaints and counter complaints against the petitioner and respondent nos.5 to 7. 6. Having considered the case made out in this writ petition, it appears that petitioner is alleging inaction on the part of the concerned police authorities in taking steps based on complaint dated 7th July, 2026. 7. There is an alternative remedy available to the petitioner under Section 175(3) of BNSS, 2023 by approaching jurisdictional Magistrate, in the event complaint of petitioner is not acted upon. 8. 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.). 9. In view of availability of alternative remedy to the petitioner, writ petition is not entertained and same stands dismissed. . 10. However, this order shall not preclude the petitioner to approach jurisdictional Magistrate in pursuit of remedy. 11. It is clarified that if jurisdictional Magistrate is approached under Section 175(3) of BNSS, 2023, decision shall be taken without being influenced by the order passed today on this writ petition. 2 12. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 3