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KABIR SHANKAR BOSE v. THE STATE OF WEST BENGAL

Supreme Court of India | Diary 27483/2020

Status

Judgment

Decided On

2024-12-04

Bench

HON'BLE MR. JUSTICE PANKAJ MITHAL, HON'BLE MR. JUSTICE SANDEEP MEHTA

Petitioner

KABIR SHANKAR BOSE

Respondent

THE STATE OF WEST BENGAL

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Full Judgment Text

2024 INSC 930

1

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA

EXTRA-ORDINARY ORIGINAL JURISDICTION

WRIT PETITION (Crl.) No. 416 OF 2020

KABIR SHANKAR BOSE …PETITIONER (S)

VERSUS

STATE OF WEST BENGAL & ORS. …RESPONDENT (S)

J U D G M E N T

PANKAJ MITHAL, J.

1. We have heard Shri Mahesh Jethmalani, learned Senior

Counsel for the petitioner, Shri Tushar Mehta, learned

Solicitor General of India for the CBI, Shri Vikramjeet

Banerjee, learned Additional Solicitor General of India, for

the CISF, Ms. Astha Sharma, learned Standing Counsel

for the State of West Bengal and Shri Zoheb Hossain,

learned counsel for respondent No. 7.

2. The petitioner who is an advocate by profession as also

being in politics contends that he has a fundamental

right to have a fair investigation in connection with FIR

No.400 of 2020 dated 07.12.2020 lodged against him

with Police Station Serampore, West Bengal under

2

Sections 341, 323, 325, 326, 307, 354, 504, 506, 34 of

Indian Penal Code1 and FIR No. 401 of 2020 dated

07.12.2020 again with Police Station Serampore, West

Bengal under Section 341, 325, 354A, 34 IPC. He

therefore, has invoked the jurisdiction of this Court

under Article 32 of the Constitution of India seeking a

writ in the nature of mandamus commanding the

respondent authorities to transfer the investigation in

pursuance of the above FIRs t...

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