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2007 Supreme(Cal) 846

S.K.GUPTA, BHASKAR BHATTACHARYA
STATE OF WEST BENGAL – Appellant
Versus
Jawahar Singh – Respondent


Advocates Appeared:
For the Appearing Parties:Ranjan Roy, Kalyan Bandopadhyay, P.K. Guha, Nirmalya Das, M.R. Abedin, Swapan Kr. Banerji, Nisith Adhikary, Advocates.

JUDGMENT:-

(1).THIS mandamus-appeal is at the instance of the state of West Bengal and is directed against order dated 31st July, 2007 passed by a learned Single Judge of this Court by which His Lordship passed an interlocutory order in a pending writ-application by directing the Central bureau of Investigation ("CBI") to take charge of the investigation relating to the alleged kidnapping of the son of the writ petitioner. His Lordship directed the CID, West Bengal, to handover all the records of the investigation so long made by the CID, West Bengal, to the Director, CBI. His Lordship further directed that the matter should appear after eight weeks and the CBI should submit a report to the Registrar General of this Court on the returnable date.

(2).THE writ-petitioner/respondent filed a writ-application being W.P. No. 12426 (W) of 2006 thereby praying for direction upon the State-respondent to take effective step to trace out the son of the writ-petitioner who was missing from 20th September, 2004 and to handover the custody of the said missing son of the petitioner. The writ-petitioner prayed for further direction upon the State-respondents to discharge their statutory duties effe













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