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Calcutta High Court · body

2026 DAILYLAW 38441 (CAL)

MANSUR ALI KHAN v. STATE OF WEST BENGAL AND ORS.

WPA/27838/2025 · 2026-09-07

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

148 Ranajit (AR.CT) 07.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 27838 OF 2025 Mansur Ali Khan -vs- The State of West Bengal & Ors. Mr. Abhijit Sarkar, Mr. Raja Biswas ….for the petitioner. Ms. Megha Datta ….for the respondent no.4. 1. Matter is heard in presence of learned advocates representing petitioner and respondent no.4. 2. On perusal of complaint dated 19th November, 2025 addressed to concerned police authorities made by petitioner, it appears that petitioner owes certain sum to respondent no.4 in connection with business liabilities and due to non-payment of said sum trouble started. 3. However, allegation is made against police authorities alleging overt action. Nothing is on record; wherefrom it appears that based on complaint dated 19th November, 2025 FIR was registered thereby criminal prosecution was initiated by concerned police authorities. If concerned police authorities find that it is a fit case for initiating a criminal prosecution, in that event steps shall be taken in accordance with law. It is expected that petitioner shall cooperate with investigating agency. 4. On the contrary, if complaint of petitioner is not transformed into an FIR, in that event petitioner needs to approach jurisdictional Magistrate under Section 175(3) of BNSS, 2023. 5. Since this Court is not an appropriate forum seeking direction for registration of FIR, the writ petition stands disposed of. 6. However, this order shall not preclude 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.) 2