# STATE OF WEST BENGAL v. SUDHIR DEY AND ANR

- **Citation:** [1985] 2 S.C.R. 253
- **Court:** Supreme Court of India
- **Decided:** 1984-12-04
- **Case number:** Criminal Misc. Case No. Nil of 1983
- **Bench:** P.N. Bhagwati, Amarendr.\ Nath Sen, Ranganath Misra
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/state-of-west-bengal-v-sudhir-dey-and-anr-8871
- **Pages:** 3

## Headnote

253
Constitution of India, 1950-Art. 136-Criminal Special Leave PetitionJudicial interference in police investigation by High Court by appointing Sptcial
Ofiicer to inquire into the allegations of an offence·Specia/ 0/ilcer already completed his inquiry-Question of /aw as to when judicial interference In lnveMigation
permissible already decided by Supreme Court in another case-Whether leave
should be granted on the same point.
The petitioner challenged the order of a Division Bench of I he Calcutta
High Court admitting the respondents to bail and also appointing the Deputy
lnspector General, Central Bureau, of Investigation as a Special Officer to
inquire into the allegations relating to an offence of murder.
Dismissing the petition,
HELD : (I) A prayer for special leave in a bail matter of this type would
notfordinarHy be entertained by the Supreme Court. Therefore, counsel for the
petitioner rightly does not seek to challenge the release on bail of the respondents, [254F]
(2) In the instant case, the criininal case itself has in the meantime been
quashed by the Calcutta High Court. State ~f West Be11[fa/ & Ors. etc. v.
Sampat Lal & OrS. [1982] 2 S.C'R. 256. the legal aspects have been indicated
and the principle to be plied to a case of this type has also been: stated. Keeping
all these aspects inview and particularly the fact that the Special Officer had
made a eport which indicates that the main fabrics of the 3llegations are true,
Court does not feel inclined to grant leave.
The Special Leave Petition is
accordingly dismissed. [255E-F]

## Text

I
STATE OF WEST BENGAL
v.
SUDHIR DEY AND ANR.
December 4 1984
[P.N. BHAGWATI, AMARENDR.\ NATH SEN AND RANGANATH
MISRA, JJ.)
253
Constitution of India, 1950-Art. 136-Criminal Special Leave PetitionJudicial interference in police investigation by High Court by appointing Sptcial
Ofiicer to inquire into the allegations of an offence·Specia/ 0/ilcer already completed his inquiry-Question of /aw as to when judicial interference In lnveMigation
permissible already decided by Supreme Court in another case-Whether leave
should be granted on the same point.
The petitioner challenged the order of a Division Bench of I he Calcutta
High Court admitting the respondents to bail and also appointing the Deputy
lnspector General, Central Bureau, of Investigation as a Special Officer to
inquire into the allegations relating to an offence of murder.
Dismissing the petition,
HELD : (I) A prayer for special leave in a bail matter of this type would
notfordinarHy be entertained by the Supreme Court. Therefore, counsel for the
petitioner rightly does not seek to challenge the release on bail of the respondents, [254F]
(2) In the instant case, the criininal case itself has in the meantime been
quashed by the Calcutta High Court. State ~f West Be11[fa/ & Ors. etc. v.
Sampat Lal & OrS. [1982] 2 S.C'R. 256. the legal aspects have been indicated
and the principle to be plied to a case of this type has also been: stated. Keeping
all these aspects inview and particularly the fact that the Special Officer had
made a eport which indicates that the main fabrics of the 3llegations are true,
Court does not feel inclined to grant leave.
The Special Leave Petition is
accordingly dismissed. [255E-F]
CRIMINAL APPELLATE JURISDICTION Petition For special Leave
to Appeal (Criminal)No 1454/83
From the Judgment and Order dated 20.6.83 of the Calcutta
High Court in Criminal Misc. Case No. Nil of 1983 under Sec. 439
of Oriminal Procedure Code.
A
B
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G
ll
254
SUPREME COURT REPORTS
[1985) 2 s.c.R.
A
Somnath Chatterjee, HK Puri, S. Ghosh and VK Bahl, for the
B
c
D
F
G
petitioner.
KG Bhagat, Additional Solicitor General, RN Poddar and
Miss Halida Khatoon, for the Union of India.
A.K. Sen, Sib Das s,merjee, Shri Naraian, for the respondent.
Judgment of the Court was delivered.
RANGANATH MISRA, J. This special leave application under
Article 136 of the Constitution is directed against tthe order of a
Division Bench of the Calcutta High Court dated June 20,1983,
admitting the respondents to bail and making the following
direction:
"Undoubtedly, if the allegations of this nature are
made against the responsible officers of the West Bengal
Police, it will tarnish the image of the entire police force.
·Under the circumstances we direct the petitioners to hand
over a copy of the petition with its annexures to the Deputy
Inspector General, Central Bureau of Investigation, 13
Lindsay Street, Calcutta, who will act as' a Special Officer
of this Court and enquire into the allegation made in this
petition and its annexures and submit a report to this Court
as to the truth of the allegation contained therein. This
report must be submitted by 27th June. 1983.
In the meantime we direct the petitioners to be
released forthwith on their executing P.R. Bond of Rs. 250 each."
So far as the question of release on bail of the respondents
is concerned, petitioner's counsel does not seek to challenge it.
In fact, a prayer for special leave in a bail matter of this type would
not ordinarily be entertained in this Court. Challenge, however,
is to the other part of the direction relating to enquiry by the Special
Officer.
The Special Officer appointed in this case by the High Court
has as a fact completed the enquiry and sent his report which under
our direction has been brought here and we had the advantage of
perusing it. The Special Officer has found some of the allegations
of the respondents to be trqe,
L
!
•
•
'
.....
WEST BANGAL v. SUDHIR DEY (Ranganath Misra, J.)
255
We have by a separate judgment delivered today in Criminal
No. 570/83, dealt with the enquiry relating to the death of two
teenagers by the names Tirthankar Das Sharma and Sanjib
Chatterjee. Respondent I, a retired Police Sub-Inspector was
engaged as an investigating officer by the private detective agencyThe Secret Eye. Respondent 2 happens to be the driver of a motor
car of the Ananda Bazar Patrika, a leading newspaper in Bengali
published from Calcutta, which had engaged the private detective
agency for the purpose of investigating into the death of the
two teenagers. One Niranjan Ghosh, Assistant Sub-Inspector of
Police attached to the GRP, Bandel, was concerned at the initial stage
of the investigation by the police into the death of the two boys.
On account of certain lacuna in the investigation of that case
Niranjan Ghosh had been put under suspension. At that stage.
Niranjan Ghosh and respondent I had picked up acquaintance and
respondent I had promised to help Niranjan Ghosh in preparing a
representation against his snspension. Lateran some dispute arose
between the two which led to the institution of the criminal proceeding in which bail for respondents became necessary.
The State of West Bengal filed this application for leave being
aggrieved mainly by the direction for appointment of a Special
Officer.
By our judgment in the criminal, appeal reference to which
we have made above, tbe legal aspects have been indicated and the
principle to be appied to a case of this type has also been stated
We find that the criminal case itself has in the meantime bee~
quashed by the Calcutta High Court. Keeping all these aspects in
view and particularly the fact that the Special Officer bed made a
report which indicates that the main fabrics of the allegations are
true, we do not feel inclined to grant leave. This case does not
require leave to be granted as the question of law has already been
settled by us in the judgment of the. criminal appeal and the
factual aspects do not require a review by grant of leave. The
application for special leave is accordingly dismissed.
M.L.A,
Petition dismissM,
B
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