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2026 DAILYLAW 42896 (CAL)

GOLAM MOULA HALDER v. STATE OF WEST BENGAL AND ORS.

WPA/24255/2026 · 2026-09-24

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

8 2244..0099..22002266 Ct. No. 05 adeb WPA 24255 of 2026 Golam Moula Halder Vs. The State of West Bengal & Ors. Mr. Abdul Hamid Molla Mr. Abdul Halim Mr. Sahil Hamid Mr. Biswadeep Dey Mr. Ijaz Ahmed Molla …for the petitioner Mr. Sukanta Banerjee Mr. Rudraman Bhattacharjee …for the State 1. By presenting this writ petition prayer is made for registration of FIR based on complaint lodged. It is also submitted that there is inaction on the part of concerned police authorities in taking steps having received complaint from the petitioner. 2. State respondents are represented by learned advocate. 3. There is an alternative remedy available to the petitioner under Section 175(3) BNSS 2023 by approaching jurisdictional Magistrate in the event complaint of the petitioner is not transformed into an FIR. In this regard reliance is placed on the judgment of Hon’ble Supreme Court reported in (2007) 6 SCC 171 (Aleque 2 Padamsee and Others vs. Union of India & Others). 4. In view of availability of alternative remedy present writ petition is not entertained and same stands dismissed. 5. However, this order shall not preclude the petitioner to approach jurisdictional Magistrate in pursuit of remedy. 6. Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)