JUDGMENT

Asim Kumar Ray, J.— CRR No. 2592 of 2005 and CRR No. 2593 of 2005 arise out of the same order dated 27.4.2005 passed by the learned Judge, 3rd Special Court, Calcutta. Both the revisional applications are taken up together for disposal by this common judgment.

2. The aforesaid revisional application are at the instance of Central Bureau of Investigation, petitioner challenging the order dated 27.4.2005 passed in Special Case No. 8 of 2004 and Special Case No. 9 of 2004 both arise out of RCCWA 2003A0004 dated 31.1.2003 by learned Judge, 3rd Special Court, Calcutta. The learned Judge has refused to take cognizance on the basis of the police report No. 15 and 16 dated 17.6.2004 and directed the Superintendence of Police, CBI/SAB/Calcutta to cause further investigation by competent officer and submit report in final form afresh by 18.6.2005.

3. Being aggrieved by and dissatisfied with the said order these revisional applications have been filed.

4. It is necessary for convenience to place brief fact of the case. The same is as follows:

The case was started on the basis of a secret information received by CBI/ACB/Calcutta on 31.1.2003 . It was alleged that Shri S. Dutta Gupta,