Extracted from the PDF above. The PDF is authoritative.
25.08.2026 08 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE)
WPA 20196 of 2026 Ummejamila –Versus – The State of West Bengal & Ors.
Mr. Masooq Rahman
…for the petitioner
Mr. Moti Sagar Tiwari
…..for the State respondents
1) Petitioner is aggrieved by inaction on the part of concerned police authorities in taking steps based on complaint lodged. 2) Learned advocate representing State respondents has opposed this writ petition in view of availability of alternative remedy. 3) There is an alternative remedy available to petitioner under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the event complaint of petitioner is not transformed into FIR. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court reported in (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 petitioner 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.)