NANDA DULAL CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Leave granted.

(2.) The sole question involved in this appeal is whether the Sub-Divisional Judicial Magistrate could direct the C. B. I, to investigate the case of the death of one Raj Kumar Chakraborty who, it is alleged was beaten up brutally and mercilessly while he was exclusively in the custody of the police personnel of Ranaghat Police Station and who succumbed to injuries thereafter.

(3.) On a petition filed by the C. B. I, the High court by the Judgment under appeal, came to the conclusion that while the Sub-Divisional Judicial Magistrate had no jurisdiction in taking cognizance of the offence, he could not direct the C. B. I, to further investigate into the matter by-passing the State Police.