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2023 Supreme(Cal) 302

JAY SENGUPTA
Central Bureau of Investigation – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. D.P. Singh, Ld. Special Counsel, CBI Mr. S.K. Kantiwal Mr. Manu Mishra Mr. Samrat Goswami Ms. Shreya Dutt Ms. Suprita Sankhel
For the Respondent: Mr. Anirban Ray, Ld. Government Pleader Mr. S.G. Mukherjee, Ld. Public Prosecutor Mr. Rudradipta Nandi Mr. Debhasish Ghosh Mr. Debraj Sahu Mr. Arka Nag Ms. Munmun Ganguly, Mr. Subir Ganguly Mr. Fazrul Haque

JUDGMENT :

Jay Sengupta, J.

1. This is an application under Article 226 of the Constitution of India, inter alia, praying for direction for transfer of investigation in Rampurhat Police Station Case No. 612 of 2022 dated 13.12.2022 under Sections 448, 323, 325, 302, 385, 386, 504, 427, 120B of the Penal Code from the present Investigating Agency to the Central Bureau of Investigation or to any other independent agency.

2. Mr. Singh, learned senior counsel representing the petitioner, submitted as follows.

2.1 The dynamics at play in the State of West Bengal and overall hostile conduct of respondent no. 1 and the State towards investigation of cases by the petitioner herein was required to be understood. These background facts were essential to adjudicate the need for transfer of investigation. The catastrophic Bogtui Carnage Case was a result of political rivalry. This Court took suo motu action to ensure a fair investigation. When the external and political factors influencing the investigation at hand came to light, including suspicions regarding role of officers of the State/respondent no. 1 themselves, this Court, vide Order dated 25.03.2022 in WPA (P) 130 of 2022, was pleased to d

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