Can't file charge sheet if interim order restrains action, will invite contempt charges: Supreme Court

New Delhi: The Supreme Court has said a police officer filing a charge sheet against an accused, even though an order has been issued against taking any coercive action, would invite contempt action against himself.

A bench of Justices Abhay S Oka and Augustine George Masih took a strong objection to an order issued by Additional Director General of Police, Jharkhand on April 15, 2011, directing the police officers to file charge sheet despite the order not to take any coercive action.

Terming the direction issued by the ADGP as "completely illegal", the court directed a counsel appearing for the Jharkhand government to apprise the ADGP to observations of this court.

"We expect him to immediately modify the letter dated 15th April, 2011," the bench said.

The bench happened to come across the order in a recent contempt proceeding issued against three police officers of Jharkhand government.

The police officers were issued contempt notice for filing the charge sheet against a man in a criminal, though an order was issued restraining the police from taking any coercive action in the matter.

Responding 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 referred to the letter of the ADGP.

The court discharged the police officers in the case, in which an FIR was registered against the landlord, Satish Kumar Ravi on a complaint on September 19, 2014, at the Lower Bazar Police Station, Ranchi, Jharkhand.

On August 18, 2023, the court had passed an order prohibiting any further action against the petitioner landlord in connection with the FIR.

In a very brazen act, the charge sheet was filed on September 30, 2023, the court had earlier noted, issuing contempt notice against the police officers.