31 Ranajit (AR.CT) 01.10.2026 Ct.05 IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. NO 25976 OF 2026 Basudeb Makhal -vs- The State of West Bengal & Ors. Ms. Rajnandini Das ….for the petitioner. Mr. Wasim Ahmed ….for the respondent no.10. Mr. Madhu Jana, Mr. Rahul Agarwal ….for the State. 1. Affidavit-of-service filed on behalf of petitioner is taken on record. 2. By presenting this writ petition prayer is made for registration of FIR based on complaint lodged and it is alleged that there is inaction on the part of concerned police authorities in taking steps. 3. Respondent no.10 and State respondents are represented by learned advocates. 4. It is submitted on behalf of respondent no.10 that prayer is made in this writ petition seeking direction upon concerned police authorities to take steps for execution of registered deed which was made by fraud. 5. It appears that petitioner is aggrieved by alleged inaction 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