A bench of Justices Madan B Lokur and P C Pant said the matter could be raised before the Calcutta High Court.
"Have you approached the High Court? Why don't you go there first for remedy," the bench told the petitioner.
The petitioner has claimed that the state police had failed to maintain law and order during the alleged riots on December 13 and 14 last year in Dhulagarh area where around 138 houses were set ablaze, women gangraped and molested and explosives and fire arms like AK-47 were used by the mob in committing the crime.
"It is imperative that the investigation has to be done by CBI to find out trans-border links in perpetrating periodical communal riots as well as nexus of communal criminals of other states," the plea, filed through advocate Bijan Ghosh, said.
The petition also alleged that the West Bengal government was "biased" towards a particular community and a CBI probe was necessary in the interest of justice.
The plea also sought a direction to the state to render all assistance to the CBI in the investigation.
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