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2026 DAILYLAW 35553 (CAL)

AMARESH DUTTA v. STATE OF WEST BENGAL AND ORS.

WPA/18661/2026 · 2026-08-14

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2 1144..0088..22002266 Ct. No. 05 adeb WPA 18661 of 2026 Amaresh Dutta Vs. The State of West Bengal & Ors. Mr. Tapas Dutta Mr. Biswajit Naha Ms. Suparna Panchal …for the petitioner Mr. Guddu Singh …for the respondent no.5 Mr. Akash Munshi …for the State 1. Affidavit of service filed on behalf of petitioner is taken on record. 2. By presenting this writ petition prayer is made for issuing direction upon the concerned police authorities to register FIR based on complaint lodged. 3. State respondents are represented by learned advocate. 4. There is an alternative remedy available to the petitioner under Section 175(3) BNSS 2023 in the event complaint of the petitioner is not transformed into an FIR. In this regard reliance is placed on the judgment of Hon’ble Supreme Court reported in 2007 6 SCC 171 (Aleque Padamsee and Others vs. Union of India & Others). 5. Hence, present writ petition is not entertained and same stands dismissed. 2 6. However, this order shall not preclude the petitioner to approach jurisdictional Magistrate under Section 175(3) BNSS 2023 in pursuit of remedy. 7. It is also made clear that if jurisdictional Magistrate is approached under Section 175(3) BNSS 2023 same shall be decided in accordance with law without being influenced by the order passed by this Court today. 8. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)