05.10.2026 10 Court No. 05 (ML) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 26075 of 2026 Suman Kundu –Versus – The State of West Bengal & Ors. Mr. Asif Ikbal Baidya ….for the petitioner Mr. Usof Ali Dewan Mr. Asif Dewan …..for the respondent no. 4 Mr. Abhijit Ray Mr. Sunderjit Kaur Nanua ….for the State respondents 1) Affidavit of service filed on behalf of petitioner is taken on record. 2) Petitioner is aggrieved by alleged acts and action of concerned police authorities in not taking steps based on complaint lodged. It is submitted that incident took place on 24th August, 2026 but when petitioner went to Police Station on 24th August, 2026 his complaint was not acknowledged by concerned police authorities. 3) On the contrary, learned advocate representing State respondents has filed a communication dated 23rd September, 2026 of Officer-in-Charge of Jiaganj Police Station, Murshidabad Police District and same is taken on record. Copy of said communication is made over to learned advocate representing petitioner. 2 4) It is disclosed in communication dated 23rd September, 2026 that based on complaint lodged by petitioner on 28th August, 2026 a General Diary was made on 12th September, 2026 and Jiaganj Police Station Non-Cognizable Report dated 12th September, 2026 was submitted. 5) Learned advocate representing State respondents disputes submissions made on behalf of petitioner and it is contended that on 24th August, 2026 petitioner did not lodge any complaint with concerned Police Station and subsequently complaint was made on 28th August, 2026 based on which aforesaid steps were taken by police authorities. 6) Be that as it may, if petitioner is dissatisfied with steps taken by concerned police authorities taking note of complaint dated 28th August, 2026 and if petitioner finds that complaint of petitioner is not transformed into FIR, in that event petitioner needs to approach jurisdictional Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 7) In view of availability of alternative remedy, present writ petition is disposed of thereby granting liberty to petitioner to approach jurisdictional Magistrate, if petitioner finds that no FIR is registered till date. 8) Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)