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2022 (3) TMI 923 - CALCUTTA HIGH COURTSeeking release of documents which the respondent concerned did not want to rely and return to the petitioner - documents seized in course of search and seizure proceeding which were not relied upon by the respondent concerned - principle of constructive res judicata - HELD THAT:- This Court sitting in the writ jurisdiction cannot decide which are the documents seized from the petitioner are to be relied or not to be relied or are required for consideration or not in course of investigation by any investigating authority and it is the discretion of the respondent concerned authority and they will have to take the decision which are the documents relevant and are required to be retained in an investigation proceeding and which are not. So far as any other grievance by making fresh cause of action which petitioner wants to raise in this third writ petition on the basis of some facts or allegations which were already in existence at the time of filing first and second writ petition, petitioner is not entitled to raise those grievances since it is hit by the principle laid down under Order 2, Rule 2 of the Code of Civil Procedure as well as by the principle of constructive res judicata. The impugned order dated 28th January, 2022 does not require any interference - Petition dismissed.
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