PURNIMA KANDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioners seek transfer of investigation into the unnatural death of one Niranjan Baishnab who was the friend of one deceased late Tapan Kandu the husband of the petitioner no. 1. The statement of the deceased was also recorded by the State police in connection with the investigation into the death of the said Tapan Kandu. The parties describe the said Niranjan Baishnab as an eye witness to the murder of Tapan Kandu. It is submitted that since the investigation into the death of Tapan Kandu has already been transferred to the C.B.I., this Court's order dtd. 4/4/2022 in W.P.A. No.5418 of 2022, and since the deceased Niranjan Baishnab, was crucial eye witness to the said murder of Tapan Kandu, the investigation into the death of Niranjan Baishnab must also be conducted by the C.B.I.

(2.) This Court as of now cannot find any fault with the investigation conducted by the State police. However, given the fact that the deceased Niranjan Baishnab, was an eye witness to a murder which has already been transferred to and investigated into by the CBI, in the fitness of things and for the purpose of comprehensive investigation, this Court is of the view that the investigation into the death of Niranjan Baishnab being, F.I.R. No.50 of 2022 dtd. 7/4/2022, of Jhalda Police Station must also be transferred to the C.B.I, for the purpose of further investigation.

(3.) Mr. Anirban Roy, learned advocate for the State submits that this Court's order dtd. 4/4/2022 has been challenged in an appeal by the State in M. A.T. 510 of 2022.