KABIR SHANKAR BOSE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) We have heard Shri Mahesh Jethmalani, learned Senior Counsel for the petitioner, Shri Tushar Mehta, learned Solicitor General of India for the CBI, Shri Vikramjeet Banerjee, learned Additional Solicitor General of India, for the CISF, Ms. Astha Sharma, learned Standing Counsel for the State of West Bengal and Shri Zoheb Hossain, learned counsel for respondent No. 7.

(2.) The petitioner who is an advocate by profession as also being in politics contends that he has a fundamental right to have a fair investigation in connection with FIR No.400 of 2020 dtd. 7/12/2020 lodged against him with Police Station Serampore, West Bengal under Ss. 341, 323, 325, 326, 307, 354, 504, 506, 34 of Indian Penal Code(In short 'IPC') and FIR No. 401 of 2020 dtd. 7/12/2020 again with Police Station Serampore, West Bengal under Sec. 341, 325, 354A, 34 IPC. He therefore, has invoked the jurisdiction of this Court under Article 32 of the Constitution of India seeking a writ in the nature of mandamus commanding the respondent authorities to transfer the investigation in pursuance of the above FIRs to any independent agency other than the local police, namely, the Central Bureau of Investigation(In short 'CBI') or Special Investigation Team(In short 'SIT').

(3.) The Writ Petition was entertained by the three Judge Bench of this Court. On 13/1/2021 while issuing notice to the State-respondents, proceedings in pursuance to the aforesaid FIRs were stayed. Thereafter, the respondents i.e. State of West Bengal, Central Industrial Security Force(In short 'CISF') and the CBI have filed separate replies to the writ petition. Another counter-affidavit has been filed by the private respondent No.7 opposing the writ petition.