Extracted from the PDF above. The PDF is authoritative.
D/L18 09.10.2026 Bpg.
WPA No.8359 of 2026
Maya Rani Dey Versus The State of West Bengal & Ors.
Mr. Naren Ghosh Dastidar Mr. Md. Shakeel Khan Ms. Jane Alam. …for the petitioner.
Mr. Suryaneel Das Ms. Suchitra Sinha Chatterjee Ms. Deblina Lahiri. …for the State.
1. The grievance of the petitioner is that the Officer- in-Charge, Watgunge Police Station has failed and neglected to look into the complaint dated 11th February, 2026 lodged with the Police Station alleging commission of offence of forgery by the private respondents herein.
2. The petitioner has made series of other prayers including a writ in the nature of Mandamus commanding the respondent authorities to consider the representation dated February 11, 2026.
3. It appears that the complaint dated February 11, 2026 discloses commission of cognizable offence. It is the case of the petitioner that the police
2 authority has failed to take any steps pursuant to the said complaint.
4. Learned advocate for the State has vehemently opposed the prayer by stating that the petitioner has an alternative efficacious remedy before the learned Magistrate court and no orders, as prayed for, should be passed in the present writ petition.
5. This Court is of the considered view that in the case of inaction on the part of the police to take steps for registration of an FIR, despite disclosure of cognizable offences, the appropriate remedy of the petitioner is to approach the concerned Magistrate court with an application under Section 175 of the BNSS. This view is fortified by the judgments of the Hon’ble Apex Court in 2026(2) SCC 622 (Omprakash Ambadkar Vs. State of Maharashtra) and 2025 SCC OnLine Cal 9425 (Sourav Mitra Vs. Swati Chakraborty).
6. In view of the aforesaid, WPA 8359 of 2026 is disposed of by giving liberty to the petitioner to approach the court of learned Judicial Magistrate ventilating his grievances of non-registration of an FIR. If such application is made, the same shall be expeditiously disposed of in accordance with law.
7. There shall be no order as to costs.
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8. Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.
(Anuj Singh, J.)