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2022 Supreme(Cal) 227

PRAKASH SHRIVASTAVA, RAJARSHI BHARADWAJ
State of West Bengal – Appellant
Versus
Purnima Kandu – Respondent


Advocate Appeared:
For the Appellant:S.N. Mookherjee, AG., Samrat Sen, AAG., Anirban Ray, GP., T.M. Siddiqui, Debashish Ghosh, Nilotpal Chatterjee, Sandip Dasgupta, Avishek Prasad, S.S. Siddiqui, Aviroop Mitra, Advocates.
For the Respondents:Koustav Bagchi, Debayan Ghosh, Priti Kar, Billwadal Bhattacharyya, Samrat Goswami, Advocates.

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 investigatio

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