NUR MUHAMMAD MALLIK v. STATE OF WEST BENGAL AND ORS.
WPA/23935/2026 · 2026-09-23
Saugata Bhattacharyya
body2026
DailyLaw.ai
[ 2026 DAILYLAW 43051 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 43051 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
29 2233..0099..22002266 Ct. No. 05
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WPA 23935 of 2026
Nur Muhammad Mallik Vs. The State of West Bengal & Ors.
Mr. Barnali Gupta
Sk. Nizamuddin
…for the petitioner
Ms. Tannistha Bandyopadhyay
…for the respondent nos. 5 to 8
Mr. Indrajit Roy Chowdhury
Mr. Indradeep Pal
Mr. Avik Biswas
`
…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 the concerned police authorities to register FIR based on complaint lodged.
3. State respondents and private respondent nos. 5 to 8 are represented by learned advocates.
4. There is an alternative remedy available to the petitioner in the event petitioner finds that his complaint is not transformed into an FIR by approaching jurisdictional Magistrate under Section 175(3) BNSS 2023. In this regard reliance is placed on the judgment of Hon’ble Supreme Court reported in (2007) 6 SCC 171
2 (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 approach jurisdictional Magistrate in pursuit of remedy.
7. Parties to act on the server copy of this order duly downloaded from the official website of this Court.
(Saugata Bhattacharyya, J.)