Sujit Narayan Prasad, J. - (1.) The writ petition is filed under Article 226 of the Constitution of India whereby and whereunder the following prayers have been made :- "(A) A writ of mandamus or in nature thereof commanding/directing the respondents to take necessary action the Chas Marwari Panchayat & the private respondents being office bearers of the society for their illegal activities. (B) A writ of mandamus or in nature thereof commanding/directing the respondent no.2 to take necessary action the Chas Marwari Panchayat & the private respondents being executive members of the society for their illegal activity against the objects of the society and/or take decisions on the basis of representation dated 11.09.2018 (Annexure3.) of the petitioner no 2 after proper enquiry. (C) A writ of mandamus or in nature thereof commanding/directing the private respondents to provide the relevant incriminating impugned resolution taken and/or adopted by the said society with reference to the Raniganj Police Station Case No.372 of 2017 dated 06.11.2017 relating to the murder of the sister of the petitioners and other cases/sanaha filled by the petitioners at chas. (D) A writ of mandamus or in nature thereof commanding/directing the respondent society and its member abstaining them from doing and/or continuing any activities or actions or taking any decisions pertaining to the occurrence of murder of the sister of the petitioner reported as Raniganj Police Station Case No.372/17 dated 06.11.2017 as Khap Panchayat or alike during the pendency of this case. (E) A writ of mandamus or in nature thereof commanding/directing the State respondent no.2. to cancel the registration of the Chas Marwari Panchayat having registration no.I-205/2007 for their involvement in illegal activities against the norms and objects of the society. (F) A writ of mandamus or in nature thereof commanding/directing the State respondent no.2. to suspend the operation of registration of the private respondent/society during the pendency of this case. (G) A writ of mandamus or in nature of restraining the members of the executive committee/private respondents to participate in the upcoming elections of the society and also not to discharge any function of the society as office bearer till final disposal of the instant writ petition."
(2.) The brief facts of the case of the petitioners is that the petitioners are victims in terms of the provision of Section 2(wa) of the Code of Criminal Procedure, 1973 since the petitioners have lost their married sister at her matrimonial home in an incident of brutal murder by the in-laws and her husband inside the matrimonial home on 05.10.2017 in respect to the said occurrence of murder, a criminal case was instituted being Raniganj Police Station Case No.372 of 2017 dated 06.11.2017 for commission of offence under Sections 302/498A/120B of Indian Penal Code r/w Section 25/27 of the Arms Act with respect to the investigation of the said case which is still pending before the Chief Judicial Magistrate at Durgapur, West Burdwan, West Bengal.
(3.) Hon'ble Calcutta High Court vide its order dated 07.02.2019 passed in W.P.1208(W) of 2019 handed over the investigation of the aforesaid case to the CBI and thereafter the CBI is investigating the matter.;