08.10.2026 12 Court No. 05 (DL) (Suvendu Mukherjee) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE) WPA 26363 of 2026 Rabiul Molla & Ors. –Versus – The State of West Bengal & Ors. Ms. Poulomi Ghosh Mr. Krishnendu Halder Ms. Shilpi Paul ….for the petitioners Mr. Partha Chakraborty Mr. Indradeep Pal …for the State respondents Mr. Pankaj Halder …for the respondent nos. 4 and 6 1) Affidavit of service filed on behalf of petitioners is taken on record. 2) Petitioners are aggrieved by inaction on the part of concerned police authorities in not registering FIR in spite of complaint lodged. 3) State respondents and respondent nos. 4 and 6 are represented by learned advocates. 4) If steps are not taken by concerned police authorities based on complaint lodged, in that event petitioners need to approach jurisdictional Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023; writ court while exercising jurisdiction 2 under Article 226 of the Constitution of India is not the appropriate forum at the first instance. 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) Parties to act on server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)