(1.) The questions that arise for consideration in the instant writ petition are, inter alia, whether the High Court, under Article 226 can transfer the investigation from the State Police to Central Bureau of Investigation (CBI), and also order change of prosecutor; after a Division Bench of the High Court, while considering an appeal from an order of acquittal, orders retrial, after applying Sec. 311 of the Cr.PC.
(2.) The facts relevant to the instant case are that one Tapan Dutta (husband of the petitioner) who was a prominent member of the ruling party "Trinamool Congress ", started agitation against the illegal filling up of water bodies in the Bally-Jagacha area in Howrah district. He also formed an association called "Bally Jagacha Jalabhumi Bachao Committee " to get others to rally behind the cause. The said water bodies were being filled up by a property developer named "Anmol South City Ltd. ", a joint venture between the State Government and certain private persons, inter alia, the Anmol Group of Companies and one Maa Tara Developers. The landfill was being undertaken for the proposed development of an industrial park at Mouja Jagadishpur and Joypur in Howrah district. The petitioner herself was also a supporter of the said ruling party as well, and a member of the local panchayat.
(3.) On the 6thof May, 2011, the said Tapan Dutta was shot dead at 9:45 pm in the late evening, while he was returning to his house riding a motorcycle. On the same day, FIR No. 205 of 2011 was registered by the Bally Police Station, Howrah, under Ss. 302/34/120B IPC read with Ss. 27 and 35 of the Arms Act. On that very day i.e. 6/5/2011, at about 23:25 hrs, one Bablu Prasad, pillion rider on the motorcycle on which the deceased was gunned down, also registered a written complaint.
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