28.08.2026 07 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 20485 of 2026 Subhajit Saha –Versus – The State of West Bengal & Ors. Mr. Siddhartha Sarkar Mr. Sourav Gupta ….for the petitioner Mr. Arkaprava Sen Ms. Moumita Dhar …for the State respondents Mr. Aniruddha Datta Mr. Mithun Dey ….for the respondent nos. 4 and 5 1) Affidavit of service filed on behalf of petitioner is taken on record. 2) By presenting this writ petition, petitioner prays for direction upon concerned police authorities for registering FIR based on complaint lodged. 3) State respondents are represented by learned advocate who has opposed this writ petition in view of availability of alternative remedy under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 4) In view of availability of alternative remedy under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 petitioner can approach the jurisdictional Magistrate, if complaint of the petitioner 2 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). 5) Hence, writ petition is not entertained and same stands dismissed. 6) However, this order shall not preclude the petitioner to approach jurisdictional Magistrate in pursuit of remedy and also to raise his demand relating to collection of necessary documents. 7) Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)