BIBHUTI BHUSAN CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an appeal from the Judgment and order dated December 18, 1978 of the learned Judge of the Court below in an application under Article of the Constitution of India whereby an order dated August 4, 1977 granting sanction for prosecution under sec. 197 of the Code of Criminal Procedure 1973 as also the proceedings pending in the Court of the Additional Chief Presidency Magistrate in Case No. C/783 was challenged. The learned Judge did not interfere with the order or the proceedings and dismissed the application by discharging the Rule Nisi.

(2.) THE facts briefly are that in 1969-70 the appellant Bibhuti Bhusan Chakraborty was posted as the Deputy Commissioner of Police (North) in Calcutta and in North Suburban District in the town of Calcutta. The appellant's case is that on November 11,1970 at about 8-30 p. m. the appellant as such police officer went out on routine patrol and in course of his duties came to the crossing of Shayampukur Street and Telipara Lane at about 9-53 p. m. The appellant was accompanied by a police party and met with an encounter with some anti - social elements. In that encounter Ranjit Chakraborty and Samir Chakraborty, both sons of one Harshanath Chakraborty, received bullet injuries and were taken to the hospital. In the police party also one Shew Mangal Singh, Officer-in-Charge of Jorabagan Police Station received bullet injuries. Another son of the name of Benoy Chakraborty, was arrested. The said two persons Ranjit and Samir were removed to the hospital where they died. A general diary in Shyampukur Police Station was entered by the Police in Case No. 300 F. I. R. under the Code of Criminal Procedure, Indian Penal Code, the Arms Act and the Explosive substance Act in respect of the said incident.

(3.) ON December 22,1970 the said benoy Chakraborty filed a complaint on various allegations against the said police Officers including the appellant. The Additional Chief Presidency magistrate (Judicial) took cognizance an ordered an enquiry. A judicial enquiry was held and a report was made by Sri R. P. R. Chowdhury. According to the procedure, the same was done ex part.