Calcutta High Court (Appellete Side)
Ct 39 Sanjay Malik vs State Of West Bengal & Ors on 22 December, 2022
13
22.12.2022 WPA 27199 of 2022
ssi
Ct 39 Sanjay Malik
-vs-
State of West Bengal & ors.
Mr. Jitendra Singh Bhasin
Mr. Subhajit Karmakar
Mr. Buddhadeb Das
...for the petitioner
Mr. Amitesh Banerjee, Sr. Standing
Counsel
Mr. Rudradipta Nandy, Ld. APP
Ms. Ipsita Banerjee
..for the State
Mr. Billwadal Bhattacharyya, Dy. S. G. of
India
Mr. Ayanabha Raha
...for the CBI
Although initially the petitioner filed this application
under Article 226 of the Constitution of India praying for
direction upon the respondents not to further investigate
Andal Police Station Case No. 66 of 2020 dated 18.02.2020,
Matia Police Station Case No. 311 of 2022 dated 08.08.2022,
Jalangi Police Station Case Nos. 391 of 2020 and 302 of
2020 dated 12.11.2020 and 17.07.2020, respectively, in view
of the fact that the said maters are covered by the
investigation done by the CBI in other cases, at present the
petitioner's prayer is for a direction upon the respondents
not to investigate Raghunathganj PS Cases No. 731 of 2019
dated 24.11.2019 and No. 530 of 2020 dated 23.10.2020
(Cattle Smuggling) that the petitioner came to know about
subsequently.
Learned senior counsel appearing on behalf of the
petitioner submits as follows. By an order dated 27.09.2022
passed by a Division Bench of this Court in WPA (P) 493 of
2022, this Court was pleased to direct the State Investigating
Agency not to enter into the subject matter and connected
field of investigation being conducted by the CBI in the FIR
being RC 0102020A0019 which corresponds to RC Case No.
19 of 2020. The present petitioner was given a notice under
Section 160 of the Code in respect of RC Case No. 19 of 2020
on 11.05.2022. The cases under the Prevention of
Corruption Act that the CBI is investigating is related to the
same subject matter i.e. cattle smuggling and there is a
specific direction given by the Division Bench that the State
Agency shall not encroach upon the said subject matter or
any connected field of investigation. But, the present cases
being Raghunathganj Police Station Case No. 731 of 2019
and 530 of 2020 are being investigated by the State Agency.
In respect of the Raghunathganj Police Station Cases, the
State Agency has moved the learned jurisdictional Magistrate
with a prayer to interrogate the present petitioner. This
cannot be done in view of the decision of the Division
Bench.
Learned senior counsel appearing on behalf of the
State submits as follows. The Raghunathganj Police Station
cases actually do not directly pertain to the issue of cattle
smuggling. The State case was first in point of time
pertaining mainly to the Prevention of Cruelty to Animals Act
and relevant provision of the Penal Code. As of now, the
petitioner has not even made an accused in the said case. It
is made clear that the State Agency has not encroached
upon the area or investigation done by the CBI.
Learned Deputy Solicitor General representing the
Union of India submits as follows. The judgment of the
Division Bench clearly covers the present cases as would be
evident from a plain reading of the said judgment.
I have heard the submissions of the learned counsels
for the parties and have perused the writ petition.
It is germane to quote the relevant portions of the
judgment passed by the Division Bench as under:
"We have heard the learned counsel for the parties
and on perusal of the record. We are of the opinion that till
the respective stand of the parties comes on record in the
form of affidavit, it would not be proper to permit the State
Investigating agency to enter into the field in which the
central investigating agency is already investigating. Hence,
we direct that the State investigating agency on the plea of
investigating the offences relating to RC Case No. 19 of 2020
will not enter into the subject matter and connected filed of
investigation being conducted by the CBI in the FIR being
RC 0102020A0019 and will ensure unhampered
investigation by CBI."
It prima facie appears that the subject matter and the
connected field investigation in the said case which is being
investigated by the CBI would substantially cover the
present cases that are being investigated by the State
Investigating Agency in the Raghunathganj Police Station.
However, this issue needs to be decided finally in the present
application.
It is also a fact that quite like in the case before the
Division Bench, the case started by the State Agency was
prior to the case initiated by the CBI.
It is nobody's case that the case started by the State
covers the entire ground for the case started by the CBI. It is
only arguably touches upon certain connected fields because
the case under Prevention of Corruption Act started by the
CBI thus pertain to cattle smuggling.
In the present case, affidavits have not been
exchanged yet.
In view of the same, till a clear picture emerges, it will
be profitable to invoke the directions passed by the Division
Bench.
The respondents shall be at liberty to file affidavit in
opposition within two weeks from this date.
Reply, if any, shall be filed within a week therefrom.
Let this matter appear in the list on 18.01.2023.
The matter is pending before the Division Bench and is
supposed to come up for hearing on 09.01.2023.
Therefore, let no coercive action be taken against the
present petitioner in respect of the Raghunathganj Police
Station Case No. 731 of 2019 dated 24.11.2019 and Case
No. 530 of 2020 dated 23.10.2020 till 23.01.2023.
Urgent photostat certified copies of this order may be
delivered to the learned Advocates for the parties, if applied
for, upon compliance of all formalities.
(Jay Sengupta, J.)
