ARCHANA BAG DHARA v. STATE OF WEST BENGAL AND ORS.
WPA/29497/2025 · 2026-09-07
Saugata Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 38634 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 38634 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
151 Ranajit (AR.CT)
07.09.2026 Ct.05
IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 29497 OF 2025 Archana Bag Dhara -vs- The State of West Bengal & Ors. Mr. Arijit Pradhan, Ms. Shreya Banerjee ….for the petitioner. Mr. Rudraman Bhatacharya, Mr. Mainak Biswas ….for the State.
1. Affidavit-of-service filed on behalf of petitioner is taken on record.
2. Matter is heard in presence of learned advocates representing petitioner and State respondents.
3. However, private respondents are not represented.
4. On perusal of complaint dated 3rd November, 2025 it appears that alleging an incident which took place on 31st October, 2025 petitioner approached concerned police authorities but steps were not taken. Prayer was made by lodging complaint dated 3rd November, 2025 for registration of FIR.
5. 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.
6. 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.).
7. In view of availability of alternative remedy to petitioner, writ petition is not entertained and same stands dismissed. .
8. However, this order shall not preclude petitioner to approach jurisdictional Magistrate in pursuit of remedy.
9. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2