KOUSHIK ADHYA AND ANR. v. STATE OF WEST BENGAL AND ORS.
WPA/14463/2026 · 2026-08-24
Saugata Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 35252 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 35252 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
24.08.2026 170 Court No. 05 (DL) (Suvendu Mukherjee)
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE)
WPA 14463 of 2026
Koushik Adhya & Anr. –Versus – The State of West Bengal & Ors.
Mr. Suman Chakraborty
Ms. Monisha Joshi
…for the petitioner
Mr. Partha Chakraborty Ms. Riya Ballav
…..for the State respondents
1) Petitioners are aggrieved by inaction on the part of concerned police authorities in taking steps based on complaint lodged. Petitioners pray for initiation of criminal prosecution and investigation. 2) Mr. Chakraborty, learned advocate representing State respondents on instruction submits that no cognizable offence was reported as a result whereof FIR was not registered and investigation has not been commenced. 3) In view of respective submissions made on behalf of parties, if petitioners find that based on complaint FIR needs to be registered, petitioners are required to approach jurisdictional Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita,
2023. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court reported in
2 (2007) 6 SCC 171 (Aleque Padamsee and Others Vs. Union of India & Others). 4) Due to availability of alternative remedy, writ petition is not entertained and same stands dismissed. 5) However, this order shall not preclude the petitioners to approach jurisdictional Magistrate in pursuit of remedy. 6) Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Saugata Bhattacharyya, J.)