BHARATI TAMANG Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Both the criminal revisions are preferred against order dtd. 17/8/2017 passed by the Learned Chief Judge City Sessions Court Calcutta in SC Case No. 128 of 2013 arising out of Sadar Darjeeling PS Case No. 89 of 2010 also arising out of CBI Case No. RC 1(S/20111 KOL) corresponding to GR Case No. 148 of 2010 u/s 147/148/149/427/506/302 read with Sec. 34/120B of IPC.

(2.) The brief fact of the case is that One Madan Tamang, a political leader of Darjeeling and the then president of All India Gorkha League (would be referred as AIGL hereinafter), a Political Party in Darjeeling was murdered in brought day light at Darjeeling Mall on 21/5/2010. One Laxman Pradhan lodged Fir with the OC Darjeeling PS on a same day alleging inter alia name of 13 persons to be involved in the conduct of murder of Bimal Gurung of belonging to Gorkha JanaMukti Morcha (hereinafter would be referred as G.J.M.M) headed by its president Bimal Gurung alias Daju. On the basis of such FIR Sadar Darjeeling Police Station Case No. 89 of 2010 u/s 147/148/149/427/506/302 read with Sec. 34 and 120B of IPC. corresponding to GR Case No. 148 of 2010 was registered in the court of Learned Chief Judicial Magistrate, Darjeeling. Initially the investigation was handed over to one S.I Rabin Thapa subsequently, CID West Bengal took up the investigation. After completion of investigation CID submitted a charge sheet against 30 accused persons except Bimal Gurung, thereafter the wife of the deceased, Bharati Tamang filed a writ petition being No. 20843(W) of 2010 before this court inter alia seeking directions for transferring investigation of the criminal case from the State Police and CID West Bengal to CBI. On 26/11/2010 the Government of West Bengal by virtue of the the order of this court, handed over the investigation of this case to CBI. The CBI thus registered RC Case No. 1/(s)/2011/SCB.

(3.) The CBI upon completion of further investigation submitted charge sheet No. 4 of 2011 u/s 147/148/149/427/506/302/120B of IPC before the Learned Chief Judicial Magistrate Darjeeling on 20/8/2011 against all the 30 accused persons who were already charge sheeted by the CID and with one new person namely Dipen Malay The wife of the deceased namely Bharati Tamang, had approached the Hon'ble Supreme Court vide WP (Cr) No. 159 of 2012 challenging purporting investigation conducted by the CBI and prayed for re-investigation by keeping in abeyance the trial particularly and for further investigation by NIA or any other Central Agency.