STATE OF WEST BENGAL Vs. KALPANA DAS SARKAR

JUDGEMENT

(1.) The present appeal has been filed against two orders of the same learned Single Judge. The writ petition from which the appeal arises, bearing WPA No. 2103 of 2023, was filed by eleven (11) writ petitioners, who are respondents herein, alleging a deep-rooted financial scam. It was alleged that the writ petitioners are members of the Alipurduar Mohila Samabay Rindan Samity Limited and had invested money in the said Society. However, subsequently, the petitioners were swindled, upon which the petitioners lodged complaints with the police, resulting in registration of First Information Report (FIR) and initiation of a criminal case. The petitioners allege that despite the investigation having been handed over to the CID of the State from the police authority, no substantial progress took place in the investigation, apparently insinuating that the CID was hand-in-glove with the accused persons.

(2.) Upon such writ petition being filed, the learned Single Judge, vide order dated August 24, 2023, had directed the investigation to be handed over from the CID to the CBI of the Eastern Region/Zone and also the Enforcement Directorate (ED) of the Eastern Zone.

(3.) A recall application was taken out on behalf of the CID which was dismissed by the learned Single Judge vide order dated September 15, 2023 with a cost of Rs.5.00 lakh to be paid by the CID, West Bengal to the High Court Legal Services Authority.