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Calcutta High CourtWPA/24246/2025disposed

State Bank Of India And ANR. v. State Of West Bengal And ORS.

2025-12-08Hon'Ble Justice Suvra Ghosh2 pages

5.

jdt. 08.12.2025 jb.

WPA 24246 of 2025 State Bank of India & Anr.

vs.

State of West Bengal & Ors.

Mr. Anirban Pramanik Ms. Bhagyasree Dey .... For the Petitioners Mr. Biplab Guha Mr. Debasish Chattopadhyay .... For the State Mr. Amajit De .... For the CBI The petitioners are aggrieved by the fact that complaint lodged by them before the CBI, BSFB has not been acted upon.

Heard learned counsels for the parties.

On receipt of the complaint, the CBI, BSFB informed the petitioners by letter issued on 7th August, 2024 that the CBI, BSFB was not in a position to proceed with regard to the complaint since the application seeking consent of the State Government under Section 6 of the Delhi Special Police Establishment Act, 1946 was awaited. In view of the observation of the Hon'ble Supreme Court in the authority in Central Bureau of Investigation vs. A. Satish Kumar & Ors. reported in (2025) SCC OnLine SC 15 no consent is required for the CBI, BSFB to register cases in respect of Central Government Offices/Officers, Public Sector undertaking Offices/Officers.

In view thereof, the CBI, BSFB is entitled to register the complaint lodged by the petitioners and take up

investigation. The CBI, BSFB shall conduct a preliminary enquiry and in the event of any deficiency in compliance with other directions of the Hon'ble Supreme Court in the authority in State Bank of India and others vs. Ramesh Agarwal and others reported in (2023) 6 SCC 1, the authority shall communicate with the petitioners which shall clarify the same. Upon conducting preliminary enquiry the CBI, BSFB shall proceed in accordance with law.

The writ petition is accordingly disposed of. There shall be no order as to costs.

Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Suvra Ghosh, J.)