JUDGMENT

Rajasekhar Mantha, J. - The questions that arise for consideration in the instant writ petition are, inter alia, whether the High Court, under Article 226 can transfer the investigation from the State Police to Central Bureau of Investigation (CBI), and also order change of prosecutor; after a Division Bench of the High Court, while considering an appeal from an order of acquittal, orders retrial, after applying Section 311 of the Cr.PC.

2. The facts relevant to the instant case are that one Tapan Dutta (husband of the petitioner) who was a prominent member of the ruling party Trinamool Congress, started agitation against the illegal filling up of water bodies in the Bally-Jagacha area in Howrah district. He also formed an association called Bally Jagacha Jalabhumi Bachao Committee to get others to rally behind the cause. The said water bodies were being filled up by a property developer named Anmol South City Ltd., a joint venture between the State Government and certain private persons, inter alia, the Anmol Group of Companies and one Maa Tara Developers. The landfill was being undertaken for the proposed development of an industrial park at Mouja Jagadishpur and Joypur in