17 Ranajit (AR.CT) 21.09.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 23677 OF 2026 Rathod Javed Hussain -vs- The State of West Bengal & Ors. Mr. Shaila Afrin, Mr. Rafat Jahan ….for the petitioner. Mr. Robiul Islam, Sk. Jayed Hossasin, Mr. Masooq Rahman ….for the private respondents. Mr. Vipul Kundolia, Mr. Mantu Kumar Shaw ….for the State. 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. By presenting this writ petition petitioner has prayed for direction upon concerned police authorities to register FIR based on complaint lodged and there is alleged inaction on the part of concerned police authorities in taking steps. 3. State respondents are represented by learned advocate who has filed a communication dated 7th September, 2026 of Officer-in-Charge, Nowda Police Station and same is taken on record. Copy of communication dated 7th September, 2026 is made over to learned advocate representing petitioner. 4. Private respondents are represented by learned advocates. 5. It appears that petitioner is aggrieved by alleged failure on the part of concerned police authorities in taking steps. 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