PRABIR KUMAR MUKHERJEE v. STATE OF WEST BENGAL AND ORS.
WPA/28104/2025 · 2026-10-08
Anuj Singh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 49588 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 49588 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
08.10.2026
DL/137 Ct. No. 758
Mujahid, A.R.(Ct.) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side
Case No.
WPA 28104 of 2025
In the matter of : Prabir Kumar Mukherjee … Petitioner VS.
The State of West Bengal & Ors. … Respondents
For the petitioner : Mr. Ranjan Kali Ms. M. Chakraborty Ms. Payel Nath Mr. Rahul Bhoumik … Advocate For the Respondent No.8 : Ms. Sweta Mukherjee Ms. Sakshi Bagaria Ms. Sarmistha Dutta … Advocate
1. Learned Advocate for the petitioner appears and files an affidavit of service. Let the same be taken on record.
2. The grievance of the petitioner is that the Officer- in-Charge of Rabindra Sarobar Police Station has failed to register FIR, pursuant to a complaint dated 26th November, 2025 lodged by the petitioner. It appears that there are allegations of cognizable offence disclosed in the said complaint.
3. This Court is not inclined to pass any order in the instant writ petition inasmuch as the petitioner is an efficacious alternative remedy under the BNSS,
2023. The petitioner shall be at liberty to
approach the court of the learned Judicial Magistrate with an appropriate application under the said Act. If such application is made, the court below should pass appropriate orders in accordance with law.
4. The above view is fortified by the decision of the Supreme Court delivered in Om Prakash Ambadkar Vs. State of Maharashtra (2026) 2 SCC 622 and by this Court in Sanjana Gupta Vs. State of West Bengal in MAT 1117/2025 with I.A. No. CAN no. 2 of 2025.
5. WPA 28104 of 2025 is disposed of on the above observations.
6. There will be no order as to costs.
7. All parties shall act on the basis of server copy of this order duly downloaded from the official website of this Court.
8. Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all necessary formalities.
( Anuj Singh, J. )