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Calcutta High CourtWPA/13191/2026dismissed

Mousumi Paul v. State Of West Bengal And ORS.

2026-06-24Hon'Ble Justice Saugata Bhattacharyya2 pages

24.06.2026 Ct. No. 05 adeb WPA 13191 of 2026 Mousumi Paul Vs.

The State of West Bengal & Ors.

Mr. Apan Saha Mr. Tasnim Ahamed ...for the petitioner Mr. Rajdeep Majumder Mr. Aditya Mondal Ms. Anita Kundu ...for the State

1. Matter is heard in presence of learned advocates representing petitioner and State respondents.

2. It appears from the submissions made on behalf of parties that prayer is couched in this writ petition for registering FIR based on complaint lodged.

3. Mr. Rajdeep Majumder, learned Additional Advocate General submits that there is an alternative remedy available under Section 175(3) BNSS.

4. Since prayer is made for registering FIR based on the complaint lodged petitioner needs to approach jurisdictional Magistrate under Section 175(3) BNSS, 2023. In this regard reliance is placed on the judgment of Hon'ble Supreme Court reported in (2007) 6 SCC 171

(Aleque Padamsee and Others vs. Union of India & Others).

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

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

7. Parties to act on the server copy of this order duly downloaded from the official website of this Court.

(Saugata Bhattacharyya, J.)