30. 30. 28.08.2026 (D/L) (D/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.) In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 20675 OF 2026 MD. AFTAB ALAM VS. THE STATE OF WEST BENGAL AND OTHERS …………… Md. Apzal Ansari, Adv. Mr. M. Ahmed, Adv. Mr. A.R. Khan, Adv. Mr. Prosenjit Das, Adv. …For Petitioner Mr. Arkaprava Sen, Adv. Mr. Indradeep Pal, Adv. Mr. Mrinal Kanti Biswas, Adv. …For State Mr. Debasish Saha, Adv. Mr. Avirup Roy Sanyal, Adv. Ms. Sucheta Pal, Adv. Mr. Jyotishman Sarkar, Adv. …For Respondent Nos.9 & 10 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. Matter is heard in presence of learned advocates representing petitioner, State respondents and respondent nos.9 &10. 3. It appears from the submission made on behalf of petitioner that based on complaint lodged by petitioner Taltolla Police Station has drawn up one FIR. 4. If petitioner finds that post registration of FIR necessary steps are not taken by the concerned police authority, in that event, petitioner shall be at liberty to approach jurisdictional Magistrate under Section 175(3) of BNSS, 2023. 5. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court reported in 2026 SCC [2] OnLine SC 798 (Sujal Vishwas Attavar and another vs. State of Maharashtra and others). In paragraph 7 of Sujal Vishwas Attavar (supra) Hon’ble Supreme Court has succinctly held that even after registering FIR if proper investigation is not being conducted then remedy does not ordinarily lie in invoking writ jurisdiction in the first instance, but in seeking recourse to the statutory framework, unless of course urgency of the circumstances warrant otherwise. 6. In view of availability of alternative remedy, present writ petition is not entertained and same stands dismissed. 7. However, this order shall not preclude petitioner to approach jurisdictional Magistrate in pursuit of remedy. 8. Parties to act on the server copy of this order duly downloaded from the official website of this court. (SAUGATA BHATTACHARYYA, J.)