Anjali Chakraborty v. State Of West Bengal And ORS.

15.06.2026 Ct. No.5 Sl. No.24 akd W. P. A. 11668 of 2026 [Smt. Anjali Chakraborty -Vs- The State of West Bengal & Ors.] Mr. Sobhan Majumder Ms. Kalpita Paul ... ... for the petitioner Mr. Salil Kumar Maiti ... for respondent nos. 4 to 14 Mr. Suryaneel Das .. ld. A.G.P.

Ms. Suchitra Sinha Chatterjee Ms. Sumita Sarkar ... ... for the State 1.

Affidavit-of-service filed on behalf of the petitioner is taken on record.

2.

From the prayer made in this writ petition it appears that complaint of the petitioner is not transformed into an FIR prompting the petitioner to approach this court with the present writ petition seeking direction upon the concerned police authorities.

3.

Respondent nos. 4 to 14 and State-respondents are represented by learned Advocates.

4.

If based on petitioner's complaint FIR is not registered, petitioner has remedy under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 by approaching the jurisdictional Magistrate. In this regard, reliance is placed on the judgment of the Hon'ble Supreme Court in the case of Aleque Padamsee & Ors. vs. Union of India & Ors. reported in (2007) 6 SCC 171.

5.

In view of availability of alternative remedy, the writ petition is not entertained and the same stands dismissed.

6.

However, this order shall not preclude the petitioner to approach the jurisdictional Magistrate in pursuit of remedy. 7.

Concerned police authorities are directed to maintain peace and tranquility at the locale.

8.

There shall be no order as to costs.

9.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. (Saugata Bhattacharyya, J.)