18 Ranajit (AR.CT) 21.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 23684 OF 2026 Md. Abdul Kadir Molla -vs- The State of West Bengal & Ors. Mr. Anisur Rahaman, Mr. Maidul Islam Kayal, Mr. Abir Mondal ….for the petitioner. Ms. Gopa Biswas, Mr. Mainak Ghosal, Mr. Brita Dutta ….for the respondent no.6. Mr. Aniket Mitra, Ms. Gopa Biswas ….for the respondent no.7. Mr. Shaunak Ghosh, Mr. Debanandan Bhattacharya ….for the State. 1. Matter is heard in presence of learned advocates representing petitioner, respondent nos.6 & 7 and State respondents. 2. A case is made out that in spite of lodging complaint FIR is not registered by concerned police authorities and there is inaction on the part of concerned police authorities in taking steps. 3. Learned advocate representing respondent no.7 has opposed this writ petition and it is submitted that no complaint was lodged before concerned police authorities. 4. Be that as it may, if petitioner finds that in spite of lodging complaint appropriate steps have not been taken by registering FIR, 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. 5. In view of availability of alternative remedy to petitioner, 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 clarified that if jurisdictional Magistrate is approached under Section 175(3) of BNSS, 2023, decision shall be taken without being influenced by the order passed today on this writ petition. 8. Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.) 2