The Letters Patent does not permit appeals against interim orders in criminal jurisdiction, emphasizing the necessity for fair investigations by police.

JUDGMENT :

SURYA PRAKASH KESARWANI, J.

1. Heard Sri Jayjit Chowdhury, learned Additional Advocate General assisted by Sri Nabankur Paul, learned Counsel for the State/appellant and Mr. Sayak Chakraborti, learned Counsel for the respondents/writ petitioners through video conferencing.

FACTS

2. Briefly stated the facts of the present case are that the respondents/writ petitioners have lodged a First Information Report No. 257 of 2023 dated 07.07.2023 under Sections 448/323/325/326/307/34 Indian Penal Code read with Sections 25(1-A)/27 of the Arms Act, P.S. Sahebgunj, District Coochbehar in which 14 persons are named, as under:

“1. Nijam Sarkar S/o Shahjahan Sarkar.

2. Chanchal Kr. Roy S/o Chandicharan Roy of Kalmati, P.S. Sahebganj, District Cooch Behar.

3. Raju Barman S/o Bablu Barman of Jaigirbalabari, P.S. Sahebganj, District Cooch Behar.

4. Shibendra Nath Barman So Sharat Ch. Barman of Kalmati, P.S. Sahebganj, District Cooch Behar.

5. Dipak Roy S/o Binod Ch. Roy of Kalmati, P.S. Sahebganj, District Cooch Behar.

6. Rafikul Islam Mallik S/o Fajlu Haque Mallik of Kalmati, P.S. Sahebganj, District Cooch Behar.

7. Maynal Sekh S/o Sammad Sekh of Kalmati, P.S. Sahebganj, District Cooch Behar.

8. Chaleman Sekh S/o Abdul Kader Sekh of Kalmati, P.S. Sahebganj, District Cooch Behar.

9. Jaharul Islam S/o Abusafiyan of Kalmati, P.S. Sahebganj, District Cooch Behar.

10. Moni Barman S/o Pisu Barman of Kalmati, P.S. Sahebganj, District Cooch Behar.

11. Mahebub Hoque @ Rafikul Haque S/o Unknown of Ward No. 16 Dinhata, P.S. Dinhata, District Coohbehar.

12. Ajijar Rahaman S/o Nahed Ali of Ward No. 16, Dinhata, P.S. Dinhata, District Cooch Behar.

13. Bhabaranjan Barman @ Kamal @ Dankar S/o Nalani Kanta Barman of Trimohini, P.S. Sahebganj, District Cooch Behar.

14. Bishal Barman S/o Rashikanta Barman of Kalmati, P.S. Sahebganj, District Cooch Behar.”

3. The writ petitioner/informant is the wife of the one of the injured victim, namely, Milan Barman. According to her, there is total inaction by the State Police, therefore, she filed a writ petition being Malati Barman vs. State of West Bengal and Others, WPA No. 2849 of 2023 praying for the following reliefs:

“(a) A writ of or in the nature of Mandamus, do issue, commanding the respondents their men, agents, assigns, subordinates and/or representatives to transmit what steps have been taken till date or file a progress report in connection with Dinhata Police Station F.I.R. No. 257 of 2023 dated 07.07.2023.

(b) A writ of or in the nature of mandamus, do issue, commanding the respondents their men, agents, assigns, subordinates and/or representatives directing the transfer of investigation of Dinhata Police Station F.I.R. No. 257 of 2023 dated 07.07.2023 to be transferred to and to be conducted by the Central Bureau of Investigation so that efficacious justice is met out.

(c) A writ of or in the nature of Mandamus directing the respondent authorities to show cause as to why the above made prayers should not be granted or allowed and if no cause is shown then the rule be made absolute.

(d) A writ of or in the nature of Certiorari, do issue, commanding the respondents their men, agents, assigns, subordinates and/or representatives to transmit all records pertaining to this instant case unto this Hon’ble Court so that conscionable justice be done.

(e) Rule NISI in terms of prayer as stated above.

(f) Ad-interim orders in terms of prayers (a), (b), (c), (d) and (e) as stated above.

(g) Such other orders and/or orders, direction and/or directions as Your Lordship deems fit and proper in the interest of justice.”

4. In the aforesaid writ petition, the Learned Single Judge has passed two orders in WPA No. 2849 of 2023 dated 15.12.2023 and 16.12.2023 which are reproduced below:

“Order dated 15.12.2023:In respect of one F.I.R. where 11 persons have been named as the accused, only two persons have been arrested so far. It has been submitted by the learned advocate for the petitioner that in this police inaction case, the police is tak