Order: Ld. SG would submit that present is a serious matter which needs to be examined by this court and secondly, HC is not allowed to proceed further. According to him, since high police officials of state govt are involved, it would be apt. for this court to examine the issue in larger interest of justice. Ld. ASG would submit that recording of FIR in a cognizable offense is mandatory in view of law laid down by this Court in Lalita Kumari. According to him, when Hon'ble CM and DGP are involved, it cannot be expected that police officers subordinate to them would conduct investigation in a fair manner. he submits that in present case, offense by respondents should be investigated by CBI.

Sh. Sibal (for CM) and Sh. Singhvi (for state and its officers) would submit that petitions are not maintainable. They would submit that there's pattern of investigation at time of elections. They submit matter is pending before HC, therefore, these petitions may not be entertained. Relying on panchnama etc., it is pointed out that nothing material was recovered during search. It is also argued that local police officials were not informed by ED before initiating the search in the morning of 8.1.26. Sh Sibal would particularly submit that CM had not gone to place of incident in capacity of CM, but she being chairman of TMC, had gone there on information that certain unauthorized persons had entered into premises of Sh. Jain, who had been entrusted with party's election work. According to Mr Sibal, there was nothing available in IPAC office except some election related documents, with which ED has no concern and therefore it should not have entered the premises.