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SOUMEN SEN, SAUGATA BHATTACHARYYA
State of West Bengal – Appellant
Versus
Fulkumari Paswan – Respondent
JUDGMENT :
SOUMEN SEN, J.
1. In view of inextricably connected issues involved in both the appeals by consent of the parties they were heard together and disposed of by this common judgment.
2. Both the appeals are arising out of a common judgment passed by the Learned Single Judge in relation to two writ petitions challenging the sealing of the restaurant and investigation initiated by the police station concerned on the basis of complaint alleged to have been forcefully extracted from Saluja. The Learned Single Judge on being satisfied that the investigation was not fair and impartial directed the Criminal Investigation Department (in short ‘CID’) to take over the investigation and allowed opening of the sealed premises.
3. This order is under challenge.
4. Ms. Saluja Motey is the focal point in this litigation. She is supported in her cause by Fulkumari Pasman her present employer.
5. In order to appreciate the order impugned and the respective submissions advanced by the learned counsel for the parties it is necessary to briefly narrate the facts.
6. Firstly, we discuss the facts of W.P.A.300 of 2019 filed by Fulkumari.
7. Fulkumari is the owner and runs a Restaurant cum Bar under the
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