STATE OF WEST BENGAL Vs. JAWAHAR SINGH

JUDGEMENT

(1.) THIS mandamus-appeal is at the instance of the state of West Bengal and is directed against order dated 31st July, 2007 passed by a learned Single Judge of this Court by which His Lordship passed an interlocutory order in a pending writ-application by directing the Central bureau of Investigation ("cbi") to take charge of the investigation relating to the alleged kidnapping of the son of the writ petitioner. His Lordship directed the CID, West Bengal, to handover all the records of the investigation so long made by the CID, West Bengal, to the Director, CBI. His Lordship further directed that the matter should appear after eight weeks and the CBI should submit a report to the Registrar General of this Court on the returnable date.

(2.) THE writ-petitioner/respondent filed a writ-application being W. P. No. 12426 (W) of 2006 thereby praying for direction upon the State-respondent to take effective step to trace out the son of the writ-petitioner who was missing from 20th September, 2004 and to handover the custody of the said missing son of the petitioner. The writ-petitioner prayed for further direction upon the State-respondents to discharge their statutory duties effectively and to conduct free, fair and effective investigation so that the son of the petitioner could be recovered and the offenders could be brought to book without any delay whatsoever.

(3.) THE writ-application was entertained in the month of May, 2006 by the learned Single Judge and thereafter, His Lordship on May 19,2006, directed the respondents to file affidavit disclosing the steps taken by them. While passing such direction, it was specifically recorded that His Lordship was utterly dissatisfied by the state of affairs appearing from the submissions made by the learned Advocate for the State with regard to the progress of investigation made by them. His Lordship further made it clear that unless convincing progress was made in the investigation and the same was disclosed in the affidavit, His Lordship would like to assign the investigation to the CBI.