IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No.453 of 2025

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Md. Naeem Ansari, aged about 56 years, son of Fool Mohammad, resident of Qtr. No. A/1, Judges Colony, Jamtara, PO & PS- Jamtara,

Distt- Jamtara … Petitioner

Versus

1. The State of Jharkhand

2. The Director General of Police, Jharkhand, Ranchi having its office at the Police Headquarter, Dhurwa, PO & PS- Dhurwa, Distt- Ranchi 3. The Superintendent of Police, Garhwa, PO & PS- Garhwa, Distt-

Garhwa

4. Sri Santosh Kumar, S/o not known to the petitioner, the then IO- cum-Dy S P, Office address at Garhwa (HQ) PO & PS- Garhwa,

Distt- Garhwa at present Dy S P ACB, Ranchi

5. Chanda Devi, W/o Ram Angesh Paswan, R/o Vill. Township,

P.O. + P.S.- Bhawnathpur, Dist. Garhwa

… Opposite Parties

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For the Petitioner : Mr. Mahesh Tewari, Advocate For the State : Mr. Sunil Kr. Dubey, Addl.P.P.

For the O.P. No.5 : Mr. Gopal K. Sinha, Advocate

Mr. Apurv Krishna, Advocate Ms. Priyanka Boby, Advocate

Ms. Chanchal Chhaya, Advocate

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P R E S E N T

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

By the Court:- Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to quash/ set aside the charge- sheet No.530 of 2023 dated 28.10.2023 submitted by the opposite party

No.4 in the court of Special Judge, SC/ST Cases-cum-Additional Sessions Judge-I, Garhwa in SC/ST Case No.32 of 2018 corresponding to Garhwa P.S. Case No.83 of 2018 in spite of the fact that in the application being W.P. (Cr) No.366 of 2022, the co-ordinate Bench of this Court observed as follows:-

“Till the next date, no coercive steps shall be taken against the petitioner in connection with Garhwa P.S. Case No.83 of 2018”

and the said interim order continued till 08.12.2023 on which date the same was vacated and other consequential reliefs.

3. Learned counsel for the petitioner relies upon the order of the Hon’ble Supreme Court of India passed in Petition(s) for Special Leave to Appeal (Crl.) No(s).9859 of 2023 dated 01.10.2024 as in that case vide order dated 18.08.2023, the Hon’ble Supreme Court of India passed the following order:-

“……. In the meanwhile, no further action shall be taken against the petitioner in connection with First Information Report (FIR)/ Case No.235 of 2014 dated 19.09.2014 registered at Police Station- Lower Bazar, District- Ranchi, Jharkhand corresponding to G.R. No.5347 of 2014, pending in the Court of Judicial Magistrate, Ranchi.”

4. But even after passing of such order by the Hon’ble Supreme Court of India on 30th September, 2023, as the charge-sheet was filed against the petitioner before the Hon’ble Supreme Court of India in that case; in view of the facts of that case, a notice of contempt was issued to the concerned Deputy Superintendent of Police, Station House Officer and Investigating Officer by the Hon’ble Supreme Court of India. The matter was subsequently taken up on 29.11.2024. The persons to whom contempt notice was issued, relied upon the letter dated 15.04.2011 addressed by the Additional Director General of Police, Jharkhand to all the Police Officers in the State of Jharkhand. It was stated in that letter that even if the Court passes an order that no coercive action shall be taken as against the particular accused, there is no prohibition on filing the charge-sheet against the accused but the Hon’ble Supreme Court of India observed in the said order dated 29.11.2024 that if a charge-sheet is filed relying upon the Clause (3) of the said letter dated 15.04.2011 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 and went on to direct the counsel appearing for the State to invite the attention of the Additional Director General of Police to the observations of the Hon’ble Supreme Court of India and the Hon’ble Supreme Court of India expected that the Additiona