Read Time: 07 minutes
Court said that the filing of the chargesheet, along with justifying it, was prima facie a wilful breach of the interim order dated 18th August, 2023, passed by it
The Supreme Court has issued contempt notice to Jharkhand police personnel, expressing strong disapproval of their blatant disregard and willful breach of its order by filing a charge sheet in a matter despite an existing stay on further action.
A bench comprising Justices Abhay S. Oka and Augustine George Masih noted that on August 18, 2023, the Court 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. The matter was still pending before the Judicial Magistrate's Court in Ranchi.
"Though the order was not of a limited duration. There is a counter affidavit filed on behalf respondent (State of Jharkhand) which is affirmed by Deepak Kumar, Deputy Superintendent of Police, City Ranchi, Jharkhand. The said affidavit brings on record a very brazen act on the part of the Police Department of the State of Jharkhand," it said.
On September 30, 2023, a charge sheet was filed against the petitioner, Satish Kumar Ravi, which was signed by Dayanand Kumar, Station House Officer, and Tarkeshwar Prasad Kesari, Investigating Officer.
"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 chargesheet 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 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 said.
Taking a serious view of the matter, the Court 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.
Court directed the notice to be returnable by November 4, 2024, and forwarded it to the Office of the Superintendent of Police, City Ranchi, for service. It also instructed the three officers to appear before the court, either in person or via video conference, on the next hearing date.
The matter before the top court arose from a petition challenging the Jharkhand High Court’s decision to refuse quashing 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.
Case Title: Satish Kumar Ravi Vs State of Jharkhand
Please Login or Register
