← Library
Calcutta High CourtWPA/6834/2026dismissed

Krishna Mondal @ Krishna Pada Mondal v. State Of West Bengal And ORS.

2026-05-06Hon'Ble Justice Saugata Bhattacharyya2 pages

W.P.A. 6834 of 2026 rkd 06.05.2026 Ct.05 Krishna Mondal @ Krishna Pada Mondal -vsState of West Bengal & Ors.

Mr. Prolay Hazra ....for the petitioner.

1.

From the case made out in this writ petition, it appears that petitioner has approached this Court seeking direction upon the concerned police authority to register FIR based on the complaint lodged by the petitioner.

2.

Alternative remedy is available under Section 175(3) of BNSS 2023 by approaching jurisdictional Magistrate in the event petitioner's complaint has not been transformed into an FIR.

3.

In this regard, reliance is placed on the judgment of the Hon'ble Supreme Court, reported in (2007) 6 SCC 171 (Aleque Padamsee & Ors. -v. Union of India & Ors.).

4.

Hence, writ petition is not entertained and same stands dismissed.

5.

However, this order shall not preclude the petitioner to approach the jurisdictional Magistrate, in pursuit of remedy.

6.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)