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2026 DAILYLAW 37551 (CAL)

HAFIJA BIBI SEIKH v. STATE OF WEST BENGAL AND ORS.

WPA/21292/2026 · 2026-09-01

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

11 0011..0099..22002266 Ct. No. 05 adeb WPA 21292 of 2026 Hafija Bibi Seikh Vs. The State of West Bengal & Ors. Mr. Saheb Banerjee …for the petitioner Ms. Sarda Sha Mr. Amit Dey …for the State 1. Learned advocate representing petitioner appears on virtual mode. However, State respondents are represented and has filed a communication dated 29th August, 2026 of Officer-in-Charge, Bhatar Police Station, Purba Bardhaman and same is taken on record. 2. It is disclosed in the communication that based on complaint lodged by the petitioner Non Cognizable Report dated 8th July, 2026 was submitted under Sections 126/135(3) BNSS. According to petitioner no steps have been taken by the concerned police authorities based on complaint lodged. Prayer is also made for granting protection to the petitioner. 3. If petitioner is dissatisfied with the alleged inaction on the part of the concerned police 2 authorities in that event there is an alternative remedy available to the petitioner under Section 175(3) BNSS 2023 by approaching jurisdictional Magistrate. 4. Writ Court is not an appropriate forum for consideration of prayer of the petitioner seeking direction upon the concerned police authorities to register FIR. In this regard reliance is placed on the judgment of Hon’ble Supreme Court reported in (2007) 6 SCC 171 (Aleque Padamsee and Others vs. Union of India & Others). 5. In view of availability of alternative remedy present writ petition is not entertained and same stands disposed of with liberty to the petitioner to approach jurisdictional Magistrate in pursuit of remedy. 6. Police authorities are directed to extend protection to the petitioner, if occasion so arises. 7. Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)