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2024 DIGILAW 1228 (SC)

Satish Kumar Ravi v. State Of Jharkhand

2024-11-29

ABHAY S.OKA, AUGUSTINE GEORGE MASIH

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ORDER : 1. Perused the affidavit of Shri Deepak Kumar, Deputy Superintendent of Police, Shri Tarkeshwar Prasad Kesari, Investigating Officer and Shri Dayanand Kumar, Station House 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. 2. 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. 3. 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. 4. The apology tendered by three officers is accepted and no further action is called for against them. Hence, notice of contempt is discharged. 5. List the petition for hearing on 17th January, 2025. 6. Interim relief granted by this Court shall continue to operate.