23 Ranajit (AR.CT) 31.08.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 21091 OF 2026 Sk. Riyajul -vs- The State of West Bengal & Ors. Mr. Debjit Mukherjee, Mr. Kaustav Bhattacharya, Ms. Priyanka Jana ….for the petitioner. Mr. Maajibar Ali Naskar, Mr. Subhrajit Hazra ….for the respondent nos.6 to 12. Mr. Sunanda De Sarkar ….for the State. 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. It is submitted on behalf of petitioner that there are complaints and counter complaints arising out of dispute between petitioner and respondent nos.6 to 12. It is contended that based on complaint of private respondents an FIR was registered being Arambagh Police Station Case No.408/24 dated 21st July, 2024 under certain provisions of IPC but complaint of petitioner is yet to be transformed into an FIR. It is alleged that there is inaction on the part of concerned police authorities in taking steps in spite of receipt of complaint which is at page 33 of writ petition. 3. Respondent nos.6 to 12 and State respondents are represented by learned advocates. 4. There is an alternative remedy available to petitioner under Section 175(3) of BNSS, 2023 by approaching jurisdictional Magistrate, in the event complaint of petitioner is not transformed into an FIR. 5. In this regard, reliance is placed on the judgment of the Hon’ble Supreme Court, reported in (2007) 6 SCC 171 (Aleque Padamsee & Ors. –vs. Union of India & Ors.). 6. In view of availability of alternative remedy to petitioner, writ petition is not entertained and same stands dismissed. . 7. However, this order shall not preclude the 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.) 2