Kabir Shankar Bose vs State Of West Bengal

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2024 Supreme(SC) 1132

B. V. NAGARATHNA, PANKAJ MITHAL
Kabir Shankar Bose – Appellant
Versus
State Of West Bengal – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Mahesh Jethmalani, Sr. Adv. Mr. Amit Mishra, Adv. Mr. Surjendu Sankar Das, AOR Ms. Annie Mittal, Adv. Mr. Abhijeet, Adv. Ms. Mitakshara, Adv.
For the Respondent(s): Mr. Siddharth Aggarwal, Sr. Adv. Ms. Astha Sharma, AOR Mr. Sanjeev Kaushik, Adv. Mr. Shreyas Awasthi, Adv. Mr. Ashish Raghuwanshi, Adv. Ms. Ripul Swati Kumari, Adv. Mr. Tushar Mehta, Solicitor General Mr. Vikramjeet Banerjee, A.S.G. Mrs. Aishwarya Bhati, A.S.G. Mr. Mukesh Kumar Maroria, AOR Mr. Kanu Agarwal, Adv. Ms. Vanshaja Shukla, Adv. Mr. Navanjay Mahapatra, Adv. Mr. Madhav Sinhal, Adv. Mr. Arvind Kumar Sharma, AOR Mr. Zoheb Hossain, AOR

Headnote: Read headnote

JUDGMENT :

PANKAJ MITHAL, J.

1. We have heard Shri Mahesh Jethmalani, learned Senior Counsel for the petitioner, Shri Tushar Mehta, learned Solicitor General of India for the CBI, Shri Vikramjeet Banerjee, learned Additional Solicitor General of India, for the CISF, Ms. Astha Sharma, learned Standing Counsel for the State of West Bengal and Shri Zoheb Hossain, learned counsel for respondent No. 7.

2. The petitioner who is an advocate by profession as also being in politics contends that he has a fundamental right to have a fair investigation in connection with FIR No.400 of 2020 dated 07.12.2020 lodged against him with Police Station Serampore, West Bengal under Sections 341, 323, 325, 326, 307, 354, 504, 506, 34 of Indian Penal Code¹[In short ‘IPC’] and FIR No. 401 of 2020 dated 07.12.2020 again with Police Station Serampore, West Bengal under Section 341, 325, 354A, 34 IPC. He therefore, has invoked the jurisdiction of this Court under Article 32 of the Constitution of India seeking a writ in the nature of mandamus commanding the respondent authorities to transfer the investigation in

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