- (1.) The State of West Bengal is the appellant in both the ASTs, which are against a common judgement dated September 24, 2014 whereby a single Judge disposed of two WPs No.33223(W) of 2013(Sri Nepal Krishna Roy & Ors. v. The State of West Bengal & Ors.) dated November 6, 2013 and No.19538(W) of 2014(Sibani Ghosh v. The State of West Bengal & Ors.) dated July 8, 2014. Both the WPs were filed under Article 226 of the Constitution of India.
(2.) The single Judge judgement ended in the following order:- "In view of the above, the SIT and the Parui Police Station is directed to hand over and co-operate with the investigation by the CBI. The CBI shall investigate all aspects of the case relating to the killing of Sagar Ghosh and file the report from time to time to the concerned Court having jurisdiction. With utmost expedition, the Court having jurisdiction shall pass necessary orders from time to time on the basis of the reports filed by the CBI depending upon the outcome of the investigation. The petitioners of both the writ petitions are permitted to move the said Court for necessary directions if the circumstances so demands."
(3.) The relevant facts stated in the two WPs and the affidavits and police reports filed in them, and revealed by the case diary materials and the chargesheet filed in the criminal court are the following.;