OD-1 ORDER SHEET IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/348/2026 KRIPAL SINGH KHURANA -VS- THE STATE OF WEST BENGAL AND ORS BEFORE: The Hon'ble JUSTICE SAUGATA BHATTACHARYYA Date : 12.08.2026 Mr. R. Chaudhury, Adv.; Mr. P. Agarwal, Adv.; Mr. S. Saha, Adv., for petitioner. Mr. A.K. Mishra, Ld. AGP; Mr. M.M. GHosh, Adv., for State. 1. The Court: By presenting this writ petition, the petitioner, inter alia, has prayed for direction on the concerned police authorities for recovery of stolen vehicle. It is submitted that based on complaint lodged, an FIR was registered and a criminal prosecution being Shakespeare Sarani Police Station Case No.51, dated March 31, 2026 was initiated under certain provisions of BNS 2023. According to the petitioner, there is inaction on the part of the concerned police authorities to take the investigation to its logical conclusion. 2. Learned Advocate representing State respondents has filed a communication dated August 4, 2026 of Officer-in-Charge, Shakespeare Sarani Police Station, Kolkata and the same is taken on record. Copy of the communication is made over to learned Advocate representing the petitioner. 3. From the case made out, it appears that inaction of concerned police authority is complained of and according to the petitioner by this time stolen vehicle needs to be recovered. 4. There is an alternative remedy available to the petitioner under section 175(3) of BNSS 2023 by approaching jurisdictional Magistrate. In this regard, reliance is placed on the 2 judgment of the Hon’ble Supreme Court, reported in 2026 SCC OnLine 798 (Sujal Vishwas Attavar and Another -vs- State of Maharashtra and Others). 5. In paragraph 7 of Sujal Vishwas Attavar (supra), it was succintly held that if after registration of FIR appropriate steps are not taken in investigating the case, remedy does not lie before writ court but party needs to approach within statutory framework. 6. In view of availability of alternative remedy, present writ petition is not entertained and the same stands dismissed. However, this order shall not preclude the petitioner to approach jurisdictional Magistrate in pursuit of remedy. 7. It is clarified that if jurisdictional Magistrate is approached, decision shall be taken in accordance with law without being influenced by the order passed by this Court today. 8. Parties shall act on server copy of this order on the usual undertakings. (SAUGATA BHATTACHARYYA, J.) tk