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2026 DAILYLAW 36527 (CAL)

ARUP KUMAR DAS v. STATE OF WEST BENGAL AND ORS.

WPA/20483/2026 · 2026-08-28

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28.08.2026 06 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 20483 of 2026 Arup Kumar Das –Versus – The State of West Bengal & Ors. Mr. Sabyasachi Mukherjee Mr. Ranabeer Halder Ms. Debjani Chakraborty Mr. Tapan Jyoti Bose ….for the petitioner Mr. Indrajit Roy Chowdhury, Ld. AGP Mr. Subhajit Das …for the State respondents 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 representations submitted. It is submitted that there is inaction on the part of concerned police authorities in taking steps after receiving representations from petitioner. 3) State respondents are represented by learned Additional Government Pleader. 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. 7) Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)