26. 26. 10.09.2026 (D/L) (D/L) CT. NO. 05 CT. NO. 05 (ARPAN-A.R.CT.) In The High Court at Calcutta CONSTITUTIONAL WRIT Jurisdiction (Appellate Side) W.P.A. 22529 OF 2026 PRADIP KUMAR SHAW VS. THE STATE OF WEST BENGAL AND OTHERS …………… Mr. Surajit Maity, Adv. …For Petitioner Mr. Shounak Ghosh, Adv. Mr. Sudipta Ghosh, Adv. …For State Mr. Bibek Tripathi, Adv. Mr. Kanchan Roy, Adv. Mr. Swadhin Chowdhury, Adv. …For Respondent No.5 1. By presenting this writ petition petitioner has prayed for direction upon the concerned police authority to investigate the case by initiating a criminal prosecution. It is also submitted that a suit is pending between the parties. 2. State respondents and respondent no.5 are represented by learned advocates. 3. If petitioner finds that in spite of lodging complaint before the concerned police authority FIR is not drawn up or there is in-action on the part of police authority in taking steps, there is an alternative remedy available to petitioner to approach jurisdictional Magistrate under Section 175(3) of BNSS, 2023. In this regard, reliance is placed on judgment of the Hon’ble Supreme Court reported in (2007) 6 SCC 171 (Aleque Padamsee and others vs. Union of India and others). 4. Due to availability of alternative remedy, present writ petition is not entertained and same stands dismissed. [2] 5. However, this order shall not preclude petitioner to approach jurisdictional Magistrate in pursuit of remedy. 6. Parties to act on the server copy of this order duly downloaded from the official website of this court. (SAUGATA BHATTACHARYYA, J.)