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2026 DAILYLAW 41262 (CAL)

MUMTAZ AHMED v. STATE OF WEST BENGAL AND ORS.

WPA/22531/2026 · 2026-09-17

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

5 1177..0099..22002266 Ct. No. 05 adeb WPA 22531 of 2026 Mumtaz Ahmed Vs. The State of West Bengal & Ors. Mr. Arif Ekbal Molla …for the petitioner Mr. Arkaprava Sen Mr. Krishnendu Bera ….for the State 1. Matter is taken up for consideration in terms of order dated 10th September, 2026 in presence of learned advocates representing petitioner and State respondents. 2. Petitioner has prayed for direction upon the concerned police authorities to initiate criminal proceeding by registering FIR and investigate the case. 3. It is pointed out on behalf of State respondents that no cognizable offence is reported by the petitioner and issue involved in this writ petition is civil in nature. 4. If petitioner finds that complaint of the petitioner did not yield result in that event petitioner needs to approach jurisdictional Magistrate under Section 175(3) BNSS, 2023 in pursuit of remedy. Reliance is placed on the judgment of Hon’ble Supreme Court reported 2 in (2007) 6 SCC 171 (Aleque Padamsee and Others vs. Union of India & Others). 5. In view of availability of alternative remedy present writ petition is not entertained and same stands dismissed. 6. However, this order shall not preclude the petitioner to take steps in pursuit of remedy. 7. Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)