10.09.2026 12 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 21935 of 2026 Ashok Chakraborty –Versus – The State of West Bengal & Ors. Mr. Pintu Karar Mr. Sabab Uddin Laskar Ms. Meghna Chowdhury ….for the petitioner Mr. Joydipta Mandal …for the State respondents 1) Affidavit of service filed on behalf of petitioner is taken on record. 2) On perusal of complaint dated 9th August, 2026, it appears that by submitting said complaint before the concerned police authority petitioner has prayed for registering FIR. According to petitioner, till date no steps have been taken by concerned police authorities based on complaint lodged. 3) State respondents are represented by learned advocate who submits that there is an alternative remedy available to petitioner under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 4) If petitioner finds that his complaint is not transformed into FIR, in that event petitioner needs to approach jurisdictional Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. In this regard, reliance is placed on the 2 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) It is made clear if jurisdictional Magistrate is approached, in that event decision shall be taken by the Magistrate in accordance with law without being influenced by order of this Court passed on this writ petition. 8) Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)