142 Ranajit (AR.CT) 07.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 26189 OF 2025 Md. Kamaluddin Molla -vs- The State of West Bengal & Ors. Mr. Raja Biswas, Mr. Abhijit Sarkar ….for the petitioner. Mr. Jasojeet Mukherjee, Mr. Deo Nath 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 based on complaint dated 24th October, 2025 no steps were taken by concerned police authorities by registering FIR. 3. 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 petitioner to approach jurisdictional Magistrate in pursuit of remedy. 8. It is clarified that if jurisdictional Magistrate is approached under Section 175(3) of BNSS, 2023, decision shall be taken without being influenced by the order passed today on this writ petition. 9. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2