23.09.2026 41 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 24230 of 2026 Dr. M.A. Rafique –Versus – The State of West Bengal & Ors. Ms. Maitryee Maiti …for the petitioner Mr. Debasish Basu Ms. Sneha Dutta Mr. Surojit Das …..for the State respondents Mr. D.K.Adhikari Mr. Debdip Adhikari …for the respondent nos. 8 to 11 1) Matter is taken up for consideration in presence of learned advocates representing the parties. 2) By presenting this writ petition, prayer is made for registration of FIR based on complaint lodged. Learned advocate representing petitioner alleges inaction on the part of concerned police authorities in taking steps on receipt of complaint. 3) State respondents and respondent nos. 8 to 11 are represented by learned advocates. 4) There is an alternative remedy available to petitioner under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the event complaint of petitioner is not transformed into FIR. In 2 this regard, reliance is placed on the 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) Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)