07.10.2026 11 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 26516 of 2026 MD. ABDULLAHIL BAKI –Versus – THE STATE OF WEST BENGAL & ORS. Mr. Mujibar Ali Naskar Mr. Sandip Kumar Mondal Ms. Ritika Yadav ….for the petitioner Mr. Billwadal Bhattacharyya, Ld. AAG Mr. Anish Kumar Mukherjee Mr. Sunny Nandy ….for the State respondents 1) Affidavit of service filed on behalf of petitioner is taken on record. 2) By presenting this writ petition, it is submitted that though complaint was lodged before the concerned police authority but no FIR is yet to be registered. According to petitioner, there is inaction on the part of concerned police authority in taking steps. 3) State respondents are represented by Mr. Bhattacharyya, learned Additional Advocate General who submits that there is an alternative remedy available to petitioner in the event complaint of petitioner is not looked into by police authorities for taking necessary steps. 2 4) There is an alternative remedy available to petitioner under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 by approaching jurisdictional Magistrate. 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 petitioner to approach jurisdictional Magistrate in pursuit of remedy. 7) Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)