Azima Khatoon and Anr. v. State of West Bengal and Ors.
Case brief
What is this about?
Single-judge order dated 28.07.2026 in WPA/16212/2026 (Azima Khatoon & Anr. v. State of West Bengal and Ors.), authored by Saugata Bhattacharyya, J. Writ petition seeking registration of F.I.R. on the basis of a complaint dismissed for want of entertainability in view of alternative remedy under section 175(3) BNSS, 2023; Supreme Court decision in Aleque Padamsee v. Union of India, (2007) 6 SCC 171, relied upon; liberty expressly preserved to approach the jurisdictional Magistrate under section 175(3) BNSS, 2023. No quantum involved.
What did the court decide?
An alternative remedy is available to the petitioners under section 175(3) BNSS, 2023 in the event their complaint is not transformed into an FIR. ¶16