26 Ranajit (AR.CT) 12.08.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 18836 OF 2026 Sk. Md. Emran -vs- The State of West Bengal & Ors. Sk. Nizamuddin, Ms. Barnali Gupta ….for the petitioner. Mr. Supriyo Ghosh, Ms. Susmita Adhikary, Mr. Sandipan Dinda, Mr. Asish Bhukta ….for the respondent nos.5 to 7. Ms. Aishwaryas Rajyashree, Mr. Arghya Chatterjee ….for the State. 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 complaint lodged. 3. Respondent nos.5 to 7 are represented by learned advocates. 4. 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 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 the 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. 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. 9. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2