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 direct transfer of investigation from respondent no. 1 to the CBI.

2.2 During the course of investigation of the Bogtui Carnage Case, the petitioner arrested 16 of accused persons and filed a charge sheet/final report and a supplementary charge sheet against 26 in all. In the further investigations, Lalan Sk., earlier absconding, was arrested. His other family in the area, and a number of police officers/officials of PS Rampurhat, were also linked to the present case (RC0562022S0006) and a cross case (RC0562022S0006), who were suspects and/or their complicities were likely to emerge in these two cases. Unfortunately, Lalan Sk. committed suicide on 12.12.2022 while he was in CBI custody after his visit to his village in Bogtui where his house was situated. Therefore, a fair investigation was required into his reasons for suicide. However, from the series of suspicious events starting from the inquest proceedings to the registration of the case, it seemed that the Government machinery and people responsible for the Bogtui Massacre saw it as an opportunity to discredit the petitioner. After the suicide, the petitioner duly complied with the procedure and protocol and reported the death of the accused to the State. However, it later came to know that an FIR No. 612 of 2022 under Sections 448, 323, 325, 302, 385, 386, 509, 427, 120(B) was registered against officers of the petitioner allegedly on the complaint of the wife of Late Lalan Sk. i.e., the respondent no. 2.

2.3 The petitioner was informed of the death of Lalan Sk. at around 04:30 p.m. on 12.02.2022, and the information was given to the police around 4:57 p.m. on the same day. Subsequently, the senior officers of the petitioner also spoke to the senior officers of respondent no. 1. The Sub-Inspector, Rampurhat PS of respondent no. 1 and the Executive Magistrate came to the spot at 09:30 p.m. on 12.12.2022 for conducting inquest. However, no inquest was conducted at the spot. Since there was extensive videography of the same, a lame excuse had been given only by way of an affidavit of the respondent no. 1 saying that there was no light and no one to identify the body. Inquest was conducted on the next day i.e., on 13.12.2022 at 13:40 hours wherein it had been recorded by the Executive Magistrate that he was informed about the death of Lalan Sk. at 08:49 a.m. on 13.12.2022. No note about the visit on the previous day had been recorded. The inquest reports of the Magistrate and the Sub-Inspector were part of the record. It was recorded that there were no visible signs of any injury except post-mortem staining even on the dependent areas of the body i.e., sole of feet, legs, abdominal region. The post-mortem was conducted on the next date after the inquest, which was also suspicious and clearly showed t