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Can There Be Two Chargesheets Against the Same Accused: One by Enforcement Directorate and One by Police?
In high-profile financial crimes, money laundering investigations, and corruption cases, it's common to see both the Enforcement Directorate (ED) and regular police involved. But what happens when both agencies target the same accused? Can there be two chargesheets against the same accused—one by ED and another by police? This question arises frequently in PMLA (Prevention of Money Laundering Act) cases linked to predicate offences under IPC or other laws.
This blog post breaks down the legal position based on Supreme Court judgments and key precedents. We'll examine if dual chargesheets are permissible, under what conditions, and practical implications. Note: This is general information based on case law and not specific legal advice. Consult a lawyer for your situation.
Understanding Chargesheets and Agency Roles
A chargesheet (under Section 173 CrPC) is the formal report filed by police after investigation, detailing evidence against an accused. The ED, under PMLA, files complaints (not traditional chargesheets) before Special Courts, often linked to a scheduled offence (predicate crime like cheating under IPC Section 420).
- Police: Investigate cognizable offences under CrPC (e.g., IPC crimes).
- ED: Probes money laundering under PMLA Section 3, requiring a proceeds of crime from a scheduled offence. Pavana Dibbur VS Directorate of Enforcement - 2023 8 Supreme 38
Key principle: PMLA offence exists only if a scheduled offence precedes it. If the predicate case ends in acquittal/discharge, PMLA prosecution may collapse. Pavana Dibbur VS Directorate of Enforcement - 2023 8 Supreme 38
Are Multiple Chargesheets Allowed Against the Same Accused?
Yes, generally permissible if offences are distinct. Courts allow parallel proceedings by different agencies if they address separate offences arising from the same incident.
Supreme Court Precedents on Dual Prosecutions
In multiple FIRs and chargesheets cases, the test is sameness of offence:
Multiple FIRs filed on the same subject do not bar quashing if concurrently pending criminal proceedings disclose distinct offences. Atul Bokriya vs State Of Nagaland - 2026 Supreme(Online)(Gau) 7360
- Distinct allegations: A second FIR/chargesheet is valid if it reveals new offences not covered earlier. (E.g., police FIR for IPC fraud + ED complaint for PMLA laundering). Atul Bokriya vs State Of Nagaland - 2026 Supreme(Online)(Gau) 7360
- No double jeopardy: Article 20(3) bars punishment for the same offence twice, but distinct ingredients allow separate trials. STATE OF NCT OF DELHI VS SANJAY - 2014 6 Supreme 209
Example from 2G Spectrum case (related): Magistrate summoned persons not in chargesheet if prima facie case existed, but Supreme Court quashed where no material against individuals (alter ego principle misused). SUNIL BHARTI MITTAL VS CENTRAL BUREAU OF INVESTIGATION - 2015 1 Supreme 422
ED vs Police: Specific Scenarios
- PMLA Linked to Police FIR:
- ED registers ECIR (Enforcement Case Information Report) based on police FIR (scheduled offence).
- Police files chargesheet in predicate case; ED files separate PMLA complaint.
- Both valid: Accused faces two proceedings—one criminal trial (police), one PMLA trial (ED). Pavana Dibbur VS Directorate of Enforcement - 2023 8 Supreme 38 SUNIL KUMAR AGRAWAL vs DIRECTORATE OF ENFORCEMENT - 2024 Supreme(Online)(SC) 6173
While the petitioners were in custody of Directorate of Enforcement, a report was sent to the State Police to register the subject FIR... further investigation is on-going and there is likelihood of filing of a supplementary chargesheet. SUNIL KUMAR AGRAWAL vs DIRECTORATE OF ENFORCEMENT - 2024 Supreme(Online)(SC) 6173
- Impounding ED Officers Cases:
Several cases involve accused impersonating ED officers for extortion (IPC Sections 170, 420, 120B). Police files chargesheet; no ED involvement as primary agency. But if laundering alleged, ED could join. Bail denied due to gravity. Darshan Harish Joshi VS State (NCT) of Delhi) - 2023 Supreme(Del) 6064 AKHILESH MISHRA Vs STATE (THE NCT OF DELHI) - 2024 Supreme(Online)(DEL) 10703
Default Bail and Timelines:
- If police delays chargesheet beyond 60/90 days (Section 167 CrPC), accused gets default bail. Filing incomplete chargesheet to thwart this is invalid. State of Maharashtra vs Mangesh Pandurang Kadam - 2025 Supreme(Bom) 1437 Mangneikam Haokip VS Officer-in-Charge, Chassad Police Station, P. O. & P. S. Kamjong - 2023 Supreme(Manipur) 26
- ED complaints have separate timelines under PMLA Section 45.
| Agency | Chargesheet Type | Timeline | Linked to Other? |
|--------|------------------|----------|------------------|
| Police | Section 173 CrPC | 60-90 days | Standalone or predicate |
| ED | PMLA Complaint | Within 1 year for adjudication | Requires scheduled offence | Vineetnarain VS Union Of India - 1997 10 Supreme 476
When Courts Intervene: Quashing Dual Proceedings
Courts quash under Section 482 CrPC if:
- No cognizable offence disclosed. Neeharika Infrastructure Private Limited VS State of Maharashtra - 2021 3 Supreme 531
- Abuse of process (e.g., same facts, same offence). Atul Bokriya vs State Of Nagaland - 2026 Supreme(Online)(Gau) 7360
- No prima facie case against accused not named in original chargesheet. SUNIL BHARTI MITTAL VS CENTRAL BUREAU OF INVESTIGATION - 2015 1 Supreme 422
The court must assess whether multiple FIRs arise from the same occurrence; if different, the second FIR is permissible. Atul Bokriya vs State Of Nagaland - 2026 Supreme(Online)(Gau) 7360
In NDPS/money laundering analogies, dual agency action allowed if distinct (e.g., possession + laundering). Noor Aga VS State of Punjab - 2008 Supreme(SC) 1018
Practical Implications and Key Takeaways
- Permissible in most cases: Two chargesheets—one by ED, one by police—are allowed if distinct offences (predicate vs laundering).
- No bar on same accused: Parallel trials don't violate double jeopardy if ingredients differ. STATE OF NCT OF DELHI VS SANJAY - 2014 6 Supreme 209
- Challenges: Attack validity early (e.g., sanction under UAPA/PMLA Section 45). Late challenges need justification. Fuleshwar Gope VS Union Of India - 2024 7 Supreme 321
- Bail considerations: Gravity of ED involvement weighs against bail. Darshan Harish Joshi VS State (NCT) of Delhi) - 2023 Supreme(Del) 6064
- Investigation transfer: Possible if police bias alleged (to CBI/ED). Parmeshwar Ramlal Joshi S/o Shri Ramlal Pratap Joshi Vs State Of Rajasthan, Through Pp - 2025 Supreme(Raj) 410
Checklist for Accused Facing Dual Chargesheets
- Verify if scheduled offence exists (no PMLA without it).
- Check timelines for default bail.
- Challenge alter ego/summons if not directly implicated. SUNIL BHARTI MITTAL VS CENTRAL BUREAU OF INVESTIGATION - 2015 1 Supreme 422
- Seek quashing if same offence duplicated.
Conclusion
Yes, there can be two chargesheets against the same accused—one by Enforcement Directorate and one by police—provided they pertain to distinct offences. This upholds investigative autonomy while preventing abuse. Supreme Court emphasizes fair investigation without frustrating agency roles (e.g., Vineet Narain guidelines for CBI/ED independence). Vineetnarain VS Union Of India - 1997 10 Supreme 476 Vineet Narain VS Union of India
Legal outcomes depend on facts—distinct allegations support dual proceedings, while overlap invites quashing. Stay informed, but always seek professional advice.
Disclaimer: This post analyzes public judgments for educational purposes. Laws evolve; outcomes vary by case. Not substitute for legal counsel.
Search Results for "Two Chargesheets: ED vs Police on Same Accused?"
1988 0 Supreme(SC) 475 • India - Supreme Court
G.L.OZA, K.JAGANNATHA SHETTY, B.C.RAY
was in police custody was produced before the Magistrate Shri S. ... of trial of a criminal case it is deemed to be in law an open place and everyone who wants to go and attend the trial has a right ... there was neither any police officer nor any body else within the hearing or sight when the statement was recorded. ... In fact, the ....
2008 0 Supreme(SC) 1018 • India - Supreme Court
S.B.SINHA, V.S.SIRPURKAR
and PW2 same would cause doubt on credibility of prosecution case and their claim of upholding procedure established by law in effecting ... to be inapplicable in relation to a search of a bag but in this case appellants person had also been searched - High Court disregarded ... containing grapes - Cardboard walls of the said carton were said to have t....
2015 1 Supreme 422 • India - Supreme Court
H. L. DATTU, MADAN B. LOKUR, A. K. SIKRI
Thus, while taking cognizance of the case, he decided to issue summons not only to the four accused named in the charge-sheet but ... any person even if not named in charge sheet – Only requirement is that prima facie case should be made out. ... ... The appellants were not implicated as accused persons #HL_....
2020 2 Supreme 65 • India - Supreme Court
M.R.SHAH, S.RAVINDRA BHAT, ARUN MISHRA, INDIRA BANERJEE, VINEET SARAN
of an offence in the charge-sheet. ... in investigation, not influencing any person from disclosing any material fact to police or the court and not to leave India without ... on anticipatory bail need not surrender upon filing of charge-sheet, or summoning of the accused by the court, or ev....
2021 3 Supreme 531 • India - Supreme Court
D. Y. CHANDRACHUD, M. R. SHAH, SANJIV KHANNA
in two specific spheres of activities and one ought not to tread over other sphere – Functions of judiciary and police are complementary ... further investigation in the FIR/complaint or interim order in the nature of “no coercive steps” and/or not to arrest the accused ... either pending investigation by police#HL_E....
2026 Supreme(Online)(Gau) 7360 • India - IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
YARENJUNGLA LONGKUMER
Multiple FIRs filed on the same subject do not bar quashing if concurrently pending criminal proceedings disclose distinct offences ... (Paras 2-4, 15-20) ... ... (B) Abuse of process of law - The initiation of criminal proceedings ... href='#5'>5-6, 9) ... ... (C) Test of sameness - The court must assess whether multiple FIRs arise from the same ... Chidambaram vs Directorate of Enforcement reported in <a href="./.. ... <strong>two charge- sheets were ....
2024 7 Supreme 321 • India - Supreme Court
C. T. RAVIKUMAR, SANJAY KAROL
brought to the book were actually independent of the ones in which Dinesh Gope (A-6) and other members were arrayed as accused, ... imposed by way of statutory Rules are a way to keep a check on executive power which is a necessary position to protect rights of accused ... claiming such exemption has to demonstrate that either he was not in charge of affairs of company which has allegedly committed ... Directorate of Enforcement, (2005) 4 SCC 530, a Constitution Bench while discussing the interpretation....
2023 Supreme(Online)(KAR) 17937 • India - Bench at Kalburagi
While filing the charge-sheet, the police dropped 13 accused persons and filed the charge-sheet ... - 6 - For the same allegation two FIR and two charge-sheets ... case, is nothing but same offence two separate charge-sheets were filed <p style="text-align
• India - Crimes
J.S.VERMA, S.P.BHARUCHA, SUHAS C.SEN
Every person accused of committing the same offence is to be dealt with in the same manner in accordance with law, which is equal ... The Director, Enforcement Directorate like the Director, CBI shall have a minimum tenure of two years. ... Adjudication/commencement of prosecution shall be made by the Enforcement Directorate within a period of one year. ... Every person #HL_START....
1997 10 Supreme 476 • India - Supreme Court
J. S. VERMA, SUHAS C. SEN, S. P. BHARUCHA
Every person accused of committing the same offence is to be dealt with in the same manner in accordance with law, which is equal ... The Director, Enforcement Directorate like the Director, CBI shall have a minimum tenure of two years. ... Adjudication/commencement of prosecution shall be made by the Enforcement Directorate within a period of one year. ... Every person #HL_START....
2024 Supreme(Online)(SC) 6173 • India - Supreme Court of India
It is pertinent to note that in the chargesheet dated 08.06.2023, the Karnataka Police made the following remarks: “Prayer:1) Accused is in judicial custody in ED (Enforcement Directorate) case, so accused is not arrested. ... Therefore, the Enforcement Directorate filed a statutory complaint on 09.12.2022. 6. Subsequently, the Karnataka Police filed a chargesheet in FIR No.129/2022 on 08.06.2023, in ....
2023 0 Supreme(Del) 6064 • India - Delhi
SWARANA KANTA SHARMA
Hardev Singh had alleged that on 08.11.2022, he had received two separate notices of Enforcement Directorate on his Whatsapp, one for his appearance and another for his colleague Kumar Hakim (who is the Director of procurement in the factory situated at Nippon Paint India - Mumbai), directing Hardev ... Accused Akhilesh Mishra, Darshan Harish Joshi, and Vinod Kumar had introduced him to Vipul Kaushik as the official of the Enforcement Directorate. ... On 14.11.2022, t....
2023 0 Supreme(Del) 6063 • India - Delhi
SWARANA KANTA SHARMA
Hardev Singh had alleged that on 08.11.2022, he had received two separate notices of Enforcement Directorate on his Whatsapp, one for his appearance and another for his colleague Kumar Hakim (who is the Director of procurement in the factory situated at Nippon Paint India - Mumbai), directing Hardev ... Accused Akhilesh Mishra, Darshan Harish Joshi, and Vinod Kumar had introduced him to Vipul Kaushik as the official of the Enforcement Directorate. ... It was the prese....
2024 Supreme(Online)(DEL) 10703 • India - High Court of Delhi
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
Hardev Singh had alleged that on 08.11.2022, he had received two separate notices of Enforcement Directorate on his Whatsapp, one for his appearance and another for his colleague Kumar Hakim (who is the Director of procurement in the factory situated at Nippon Paint India - Mumbai), directing Hardev ... Accused Akhilesh Mishra, Darshan Harish Joshi, and Vinod Kumar had introduced him to Vipul Kaushik as the official of the Enforcement Directorate. ... On 14.11.2022, t....
2023 Supreme(Online)(DEL) 7504 • India - High Court of Delhi
Hardev Singh had alleged that on 08.11.2022, he had received two separate notices of Enforcement Directorate on his Whatsapp, one for his appearance and another for his colleague Kumar Hakim (who is the Director of procurement in the factory situated at Nippon Paint India - Mumbai), directing Hardev ... Accused Akhilesh Mishra, Darshan Harish Joshi, and Vinod Kumar had introduced him to Vipul Kaushik as the official of the Enforcement Directorate. ... On 14.11.2022, t....
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