The main legal point established in the judgment is the court's power to direct investigation by the CBI in cases involving serious crimes, high profile officials, and political nature of the crime, emphasizing the need for fair and impartial investigation to instill faith of the public.

JUDGMENT :

Prakash Shrivastava, J.

1. This order will govern the disposal of MAT 510 of 2022 and MAT 601 of 2022.

2. Both these appeals are at the instance of the respondent State in the writ petition, challenging the orders of the learned Single Judge whereby WPA 5418 of 2022 has been disposed of by directing the CBI to take over the investigation in the case.

3. Initially, MAT 510 of 2022 was filed by the State Challenging the order of the learned Single Judge dated 4th of April, 2022 whereby WPA 5418 of 2022 was disposed of. Later on, learned Single Judge had found certain typographical errors in the order dated 4th of April, 2022, therefore, the said order was replaced by the subsequent order dated 6th of April, 2022 with the same reasoning and result, therefore, MAT 601 of 2022 was filed challenging the subsequent order.

4. One, Tapan Kandu, who was elected as Councillor of Jhalda Municipality, Ward No. 12 in the recent Municipal Election, was shot dead on 13th of March, 2022, therefore, his wife and nephew had filed WPA 5418 of 2022 before the learned Single Judge making serious allegations about the biased and misdirected investigation, with a prayer to hand over the investigation to an independent agency. In the writ petition, it was alleged that late Tapan Kandu was elected as Councillor of Jhalda Municipality on the Indian National Congress symbol and since the day of declaration of elections, respondent no. 6 herein, i.e. the Inspector-in- Charge, Jhalda Police Station had resorted to various unfair means to resist the candidates from contesting against the ruling party of the appellant State and at his behest, numerous false and frivolous criminal proceedings were also initiated against the contesting candidates of INC and other political parties. A complaint in this regard was also lodged by the District President of INC to the State Election Commission on 9th of February, 2022 and several other complaints by other political parties were also lodged and WPA 3129 of 2022 was also preferred before this Court. Immediately after publication of results on 10th of March, 2022, the very next day on 11th of March, 2022, Tapan Kandu was called by the respondent no. 6 and was threatened and forced to change his allegiance from the INC and to switch over to TMC so that the TMC can form the board. This was resisted by Tapan Kandu, the husband of the writ petitioner and he was shot dead on 13th of March, 2022. In the writ petition, it was further alleged that no FIR was lodged, initially though, the writ petitioner no. 1 had immediately approached the respondent No. 6, Inspector-in-Charge, hence the complaint was made to the higher police authorities. The writ petition further mentions that there was resistance in recording the statements of the writ petitioner no. 2 under Section 164 of Cr.P.C. and there was also issue of existence of some audio clipping relating to the conversation between the petitioner no. 2 and respondent No. 6, Inspector-in-Charge of the police station which was not seized and it was also alleged that in spite of making the named complaint at the first instance after the incident, the FIR at the instance of some other person was registered protecting the real culprit. Allegations were made in the writ petition against the police authorities of Jhalda Police Station to pressurise the writ petitioner and to influence the witnesses. There was a serious allegation that Tapan Kandu was murdered by the goons of the ruling party in connivance with the respondent no. 6, Inspector-in-Charge of the Police Station and in this background, the prayer for investigation by independent agency was made.

5. Learned Single Judge had called for the repost from the Superintendent of Police and had also perused the case diary and thereafter, taking note of the circumstances of the case, had found it to be a fit case to direct the CBI to take over the investigation in the case and had accordingly issued requisite directions in this