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2023 Supreme(Cal) 322

RAJASEKHAR MANTHA
Nilkamal Sarkar – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Partha Ghosh, Ajay Chaubey, Amal Kumar Datta, Simran Sureka, Debashis Das, Rahul Agarwala.
For the Respondents: Subhabrata Datta, Debasish Sarkar, Aranya Saha, Subir Sanyal, Sumouli Sarkar, Sagnik Roy Chowdhury, Arindam Jana, Bhudeb Chatterjee, Ashok Chakraborty, Dhiraj Trivedi, Arun Kumar Maiti.

JUDGMENT :

RAJASEKHAR MANTHA, J.

FACTS OF THE CASE

1. The writ petitioners seek a transfer of investigation into FIR No. 611 of 2018 dated 20th September, 2018, registered by the Islampur Police Station, to the CBI. The said FIR was registered in connection with an incident of firing and bombing at Darivit High School in the Islampur block of Uttar Dinajpur district in West Bengal.

2. On the 20th September, 2018, the students and parents of the said school began to protest against the appointment of two teachers in Sanskrit and Urdu in the school. A large number of posts in various core subjects like Bengali, Mathematics, History, and English, were lying vacant. The two teachers came to join the school on the date. A large number of students had gathered outside the gate of the school after locking it. They were preventing the new teachers and the staff of the school from leaving the place.

3. The gist of the FIR, registered by the Islampur P.S. is that the police received information at 2.05 pm about an agitation started by the students of the Darivit High School. A large number of curious bystanders and outsiders also assembled thereat. GD entry No. 875 was made by the police. Upon re

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