Pijush Kanti Sarkar v. State of West Bengal and Ors.
Case brief
What is this about?
Calcutta High Court, W.P.A. 17357 of 2026, decided 29.07.2026 by Saugata Bhattacharyya, J. Petitioner Pijush Kanti Sarkar complained of police inaction: complaint lodged but not converted into FIR. Court held the remedy is before the jurisdictional Magistrate under Section 175(3) of BNSS, 2023, placing reliance on (2007) 6 SCC 171 (Aleque Padamsee vs. Union of India); writ petition dismissed for availability of alternative remedy, without prejudice to approaching the Magistrate. Keywords: police inaction, complaint not turned into FIR, Section 175(3) BNSS 2023, alternative remedy, Magistrate, dismissal.
What did the court decide?
In the event of inaction by the concerned police authority in not transforming a complaint into FIR, the petitioner needs to approach the jurisdictional Magistrate under Section 175(3) of BNSS, 2023. ¶¶4