09 Ranajit (AR.CT) 07.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 22252 OF 2026 Avishek Pal -vs- The State of West Bengal & Ors. Mr. Abdul Hamid Molla, Mr. Abdul Halim, Mr. Sahil Hamid, Mr. Biswadeep Dey, Mr. Ijaz Ahmed Molla ….for the petitioner. Md. Jannat ul Firdous ….for the respondent nos.5 & 6. Mr. D. N. Ray, Ms. Sarda Sha, Mr. Ankur Sharma ….for the State. 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. Petitioner prays for direction upon concerned police authorities to register FIR based on complaint lodged. There is also allegation of inaction on the part of concerned police authorities in taking steps on receipt of complaint. 3. Mr. Ray, learned Government Pleader representing State respondents and respondent nos. 5 & 6 are represented by learned advocates. 4. It is submitted on behalf of State respondents as well as respondent nos.5 & 6 that issue between parties has duly been settled. 5. However, such submission made on behalf of respondents is disputed by learned advocate representing petitioner. 6. From the case made out it appears that petitioner is aggrieved by inaction on the part of concerned police authorities in registering FIR based on complaint lodged. 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. 7. 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.). 8. In view of availability of alternative remedy to petitioner, writ petition is not entertained and same stands dismissed. . 9. However, this order shall not preclude petitioner to approach jurisdictional Magistrate in pursuit of remedy. 10. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2