Swami Priyanand Van Maharaj v. State Of West Bengal And ORS.

24.06.2026 Ct. No.5 Sl. No.24 akd W. P. A. 12682 of 2026 [Swami Priyanand Van Maharaj -Vs- The State of West Bengal & Ors.] Mr. Aditya Sen ... ... for the petitioner Mr. Uttam Kumar Bhattacharyya ... for respondent nos. 9 & 12 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.

Grievance is expressed on behalf of the petitioner that in spite of complaint lodged, FIR is not registered by the concerned police authority.

3.

State-respondents and respondent nos. 9 and 12 are represented by learned Advocates.

4.

Mr. Suryaneel Das, learned Additional Government Pleader representing the State-respondents has filed a communication dated 23.06.2026 of Officer-in-charge, Thakurpukur Police Station, Kolkata and same is taken on record. Copies of the communication are made over to the learned Advocates representing the petitioner and respondent nos. 9 and 12.

5.

It is disclosed in the communication dated 23.06.2026 that there are cases and counter cases pending at Vrindavan, Uttar Pradesh as the head office of Shri Shri Radha Govind Ji Trust is situated at Vrindavan. It is also disclosed that

complaint lodged by the petitioner centers around constitution, management and control of the aforesaid Trust. 6.

If petitioner is aggrieved by inaction on the part of the police authority in not taking steps based on the complaint lodged, there is an alternative remedy available to the petitioner by approaching the jurisdictional Magistrate under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 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.

7.

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

8.

However, this order shall not preclude the petitioner to take steps in accordance with law.

9.

There shall be no order as to costs.

10.

Let urgent Photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on usual undertaking.

(Saugata Bhattacharyya, J.)