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2026 DAILYLAW 43357 (CAL)

AJAY BHUNIA AND ORS. v. STATE OF WEST BENGAL AND ORS.

WPA/24751/2026 · 2026-09-25

Saugata Bhattacharyya

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

25.09.2026 06 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 24751 of 2026 Ajay Bhunia & Ors. –Versus – The State of West Bengal & Ors. Mr. Dinesh Pani Mr. Umesh Kumar Saw …for the petitioners Mr. Partha Chakraborty Mr. Koushik Roy …..for the State respondents 1. Affidavit of service filed on behalf of petitioners is taken on record. 2. By presenting this writ petition, prayer is made for taking steps based on representation made by petitioners before concerned police authorities. It is submitted that till date criminal proceeding is not initiated by registering FIR and there is inaction on the part of concerned police authorities. 3. Mr. Chakraborty, learned advocate representing State respondents has submitted that no cognizable offence is reported by submitting representation as a result whereof FIR has not been drawn up. 4. There is an alternative remedy available to petitioners under Section 175(3) of the Bharatiya Nagarik 2 Suraksha Sanhita, 2023 in the event representation of petitioners is not transformed into FIR. In 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 petitioners to approach jurisdictional Magistrate in pursuit of remedy. 7. If jurisdictional Magistrate is approached, decision shall be taken in accordance with law without being influenced by order passed on this writ petition. 8. Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)