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Chargsheet

The Supreme Court of India is hearing a petition for special leave to appeal regarding a judgment from the High Court of Jharkhand. The court addressed issues surrounding the legality of a letter from the Additional Director General of Police, which suggested that filing a charge-sheet against an accused with a non-coercive action order is permissible. The court accepted apologies from three police officers and scheduled the next hearing for January 17, 2025, while maintaining interim relief for the petitioner.

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28 views2 pages

Chargsheet

The Supreme Court of India is hearing a petition for special leave to appeal regarding a judgment from the High Court of Jharkhand. The court addressed issues surrounding the legality of a letter from the Additional Director General of Police, which suggested that filing a charge-sheet against an accused with a non-coercive action order is permissible. The court accepted apologies from three police officers and scheduled the next hearing for January 17, 2025, while maintaining interim relief for the petitioner.

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rk18030
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ITEM NO.32 COURT NO.

5 SECTION II-A

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (Crl.) No.9859/2023

[Arising out of impugned final judgment and order dated 19-05-2023


in CRMP No. 325/2017 passed by the High Court of Jharkhand at
Ranchi]

SATISH KUMAR RAVI Petitioner(s)

VERSUS

THE STATE OF JHARKHAND Respondent(s)

(IA No. 158964/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED


JUDGMENT, IA No. 236772/2023 - EXEMPTION FROM FILING O.T., IA No.
158963/2023 - EXEMPTION FROM FILING O.T., IA No. 252467/2024 -
PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 29-11-2024 This matter was called on for hearing today.

CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA
HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

For Petitioner(s) Mr. M. Shoeb Alam, Sr. Adv.


Mr. Ujjwal Singh, AOR
Mr. Mojahid Karim Khan, Adv.
Mr. Shadab Eqbal, Adv.
Mrs. Atefa Perwez, Adv.
Mr. Abhishek Naik, Adv.
Mrs. Gulafsha Qureshi, Adv.

For Respondent(s) Mr. Vishnu Sharma, Adv.


Ms. Madhusmita Bora, AOR
Mr. Pawan Kishore Singh, Adv.
Mr. Dipankar Singh, Adv.
Mrs. Anupama Sharma, Adv.
Ms. Pavithra V., Adv.

UPON hearing the counsel the Court made the following


O R D E R

Perused the affidavit of Shri Deepak Kumar, Deputy


Signature Not Verified

Superintendent
Digitally signed by
KAVITA PAHUJA
Date: 2024.12.03
of Police, Shri Tarkeshwar Prasad Kesari,
10:01:06 IST
Reason:

Investigating Officer and Shri Dayanand Kumar, Station House

1
Officer. They have stated that they read the order of this Court

which directed them not to take any further action against the

petitioner as an order directing that no coercive action shall be

taken against the petitioner.

They have relied upon a letter dated 15th April, 2011 addressed

by the Additional Director General of Police, Jharkhand to all

Police Officers in the State. 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.

Therefore, what is stated in paragraph 3 of letter dated 15th

April, 2011 is completely illegal. We direct the learned 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 apology tendered by three officers is accepted and no

further action is called for against them. Hence, notice of

contempt is discharged.

List the petition for hearing on 17th January, 2025.

Interim relief granted by this Court shall continue to

operate.

(KAVITA PAHUJA) (AVGV RAMU)


AR-cum-PS COURT MASTER (NSH)

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