The apex court declared as "completely illegal" a letter issued by a top police officer in Jharkhand in 2011, stating that the charge sheet could be filed against an accused despite the court's order restraining coercive action.

 

A bench of Justices Abhay S Oka and Augustine George Masih directed the Jharkhand government to immediately modify the letter of April 15, 2011. Or the police officers would incur contempt proceedings, it warned.

 

"It is stated in the letter that even if court passes an order that no coercive action shall be taken as against the particular accused, there is no prohibition on filing charge sheet against the accused. If a charge sheet is filed by relying upon clause 3 of letter dated 15th April, 2011 against an accused in whose favour there is an order directing not to take coercive action, the concerned officer will expose himself to contempt jurisdiction," the bench said.

 

The court came across the letter issued by the Additional Director General of Police while taking up a contempt proceedings against three police officers.

 

In response to the contempt notice issued in October 2024, Deepak Kumar, Deputy Superintendent of Police, Tarkeshwar Prasad Kesari, Investigating Officer and Dayanand Kumar, Station House Officer cited the letter of the ADGP which resulted into the filing of the charge sheet in the case in hand, despite a previous order restraining any coercive action against the accused.

 

"What is stated in paragraph 3 of letter dated 15th April, 2011 is completely illegal. We direct the counsel appearing for the State to invite attention of the Additional Director General of Police to observations of this court. We expect him to immediately modify the letter dated 15th April, 2011," the bench said.

 

The court discharged the contempt notice issued against the three officers after accepting their apology and concluding no further action was required against them.

 

In October, the Supreme Court had issued contempt notice to Jharkhand police officers expressing strong disapproval of their blatant disregard and willful breach of its order by filing a charge sheet in the matter despite an existing stay on further action.

 

The court had then noted that on August 18, 2023, it had passed an order prohibiting any further action against the petitioner in connection with an FIR lodged on September 19, 2014, at the Lower Bazar Police Station, Ranchi, Jharkhand. Despite this, in a very brazen act, the charge sheet was filed on September 30, 2023.

 

"Shockingly, the charge sheet refers to the interim order passed by this Court. An officer of the level of the Deputy Superintendent of Police has filed the counter affidavit claiming that the charge sheet has been filed on 30th September, 2023. Filing of the chargesheet and justifying the filing of the charge-sheet is prima facie, a wilful breach of the interim order dated 18th August, 2023 passed by this Court. The matter does not rest here," the bench had then said.

 

Previously, on April 4, 2017, the Jharkhand High Court had issued an interim order directing the state not to take any coercive measures against the petitioner in relation to the same FIR. This interim order remained in effect until May 19, 2023, when the impugned order was passed.

 

The counter affidavit by the Deputy Superintendent of Police also revealed that two public notices were issued against the petitioner, published in daily newspapers on April 28, 2023, and July 11, 2023, following an order from the Trial Court dated April 10, 2023.

 

"Even this act is prima facie contemptuous. We may add here that the husband of the complainant was an IPS officer at the relevant time," the bench had then said.

 

Taking a serious view of the matter, the top court had issued contempt notices to Deepak Kumar, Deputy Superintendent of Police, City Ranchi, Jharkhand; Dayanand Kumar, the Station House Officer of Lower Bazaar Police Station; and Tarkeshwar Prasad Kesari, the Investigating Officer, both of whom were attached to the Lower Bazaar Police Station at the relevant time.

 

The matter before the top court arose from a petition challenging the Jharkhand High Court’s decision to refuse to quash an FIR filed against the petitioner and others. The complaint, lodged by a woman named Dipanita Chaturvedi, alleged that on September 15, 2014, the petitioner and others forcibly entered her rented flat, vandalized property, and attempted to molest her.