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2026 DAILYLAW 37871 (CAL)

SWAPAN KUMAR CHAKRABORTY v. STATE OF WEST BENGAL AND ORS.

WPA/21463/2026 · 2026-09-03

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

03.09.2026 08 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 21463 of 2026 Swapan Kumar Chakraborty –Versus – State of West Bengal & Ors. Mr. Aswini Kr. Bera Mr. Arijit Bera ….for the petitioner Mr. Rudraman Bhattacharya Mr. Kunaljit Singh …for the State respondents Mr. Dyutiman Banerjee Mr. Debjit Dutta …for the respondent nos. 6 & 7 1) Affidavit of service filed on behalf of petitioner is taken on record. 2) By presenting this writ petition, prayer is made for giving direction upon concerned police authorities to treat complaint dated 27th July, 2026 as FIR and initiate investigation. 3) State respondents and respondent nos. 6 and 7 are represented by learned advocates. 4) There is an alternative remedy available to petitioner under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the event complaint of petitioner 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) In view of availability of alternative remedy, 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. 7) Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)