Extracted from the PDF above. The PDF is authoritative.
15.
15. 31.08.2026 (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. 20971 OF 2026 SRI BIMAL MONDAL VS.
THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Tusher Kanti Mukherjee, Adv. …For Petitioner Mr. Bratin Kumar Dey, Adv. (Via VC) Mr. Sarban Bhattacharjee, Adv. …For State
1. Affidavit-of-service filed on behalf of petitioner is taken on record.
2. Case is made out in the writ petition that there is in- action on the part of concerned police authority in taking steps after receiving complaint from the petitioner.
3. State respondents are represented by learned advocates.
4. There is an alternative remedy available to petitioner to approach jurisdictional Magistrate under Section 175(3) of BNSS, 2023 in the event complaint is not transformed into FIR. In this regard, reliance is placed on judgment of the Hon’ble Supreme Court reported in (2007) 6 SCC 171 (Aleque Padamsee and others vs. Union of India and others).
5. Due to availability of alternative remedy, present writ petition is not entertained and same stands dismissed.
6. However, this order shall not preclude petitioner to approach jurisdictional Magistrate in pursuit of remedy.
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7. Parties to act on the server copy of this order duly downloaded from the official website of this court.
(SAUGATA BHATTACHARYYA, J.)