06.10.2026 36 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 26354 of 2026 Nihar Kumar Mridha @ Nihar Mridha –Versus – The State of West Bengal & Ors. Mr. Samrat Mandal Ms. Sukanya Ghosh ….for the petitioner Mr. Arkaprava Sengupta Mr. Raj Mohan Chattoraj …for the State respondents 1) Learned advocate representing petitioner submits that prayer is made for registration of FIR based on complaint lodged. 2) State respondents are represented by learned advocate and it is submitted that averment made in paragraph 9 is not corroborated by medical document dated 26th March, 2026 which is at page 21 of writ petition. According to State respondents, as per said medical document dated 26th March, 2026 petitioner was not assaulted by other persons but injury sustained by petitioner was due to fall in bathroom. 3) Be that as it may, if petitioner finds that his complaint is not transformed into FIR in that event petitioner needs to approach jurisdictional Magistrate 2 under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 4) In view of availability of alternative remedy, writ petition is not entertained and same stands dismissed. 5) However, this order shall not preclude petitioner to take steps in accordance with law. 6) If jurisdictional Magistrate is approached, decision shall be taken in accordance with law without being influenced by order passed on this writ petition. 7) Parties to act on server copy of this order duly downloaded from official website of this Court. (Saugata Bhattacharyya, J.)