1. Leave granted.
2. The sole question involved in this appeal is whether the Sub-Divisional Judicial Magistrate could direct the C.B.I. to investigate the case of the death of one Raj Kumar Chakraborty who, it is alleged was beaten up brutally and mercilessly while he was exclusively in the custody of the police personnel of Ranaghat Police Station and who succumbed to injuries thereafter.
3. On a petition filed by the C.B.I. the High Court by the Judgment under appeal, came to the conclusion that while the Sub-Divisional Judicial Magistrate had no jurisdiction in taking cognizance of the offence, he could not direct the C.B.I. to further investigate into the matter by-passing the State Police.
4. Counsel for the State of West Bengal is unable to tell us what progress the State Police has made after the lodging of the F.I.R. in 1993. Under the circumstances, even assuming that the Sub-Divisional Magistrate had no jurisdiction to direct the C.B.I. to investigate into the matter we, in exercise of our jurisdiction under Article 142 of the Constitution, direct the C.B.I. to carry out the further investigation of Ranaghat P.S. Case No. 450/93 dated 27th December, 1993 and Ranaghat P.S. Case No. 449/93 dated 26th December, 1993. The appeal stands disposed of with the aforesaid direction.