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2019 Supreme(Ker) 331

SHAJI P.CHALY
K. S. Gopakumar – Appellant
Versus
State Police Complaints Authority, Represented by Its Secretary thiruvananthapuram – Respondent


Advocates Appeared:
For the Petitioner: Sri. Abdul Jawad K., Smt. P.M. Cigy, Smt. V.K. Anju, Sri. Nebu P. Joseph, Advs.
For the Respondent: Smt. Rashmi K.M., Government Pleader, Sri. C.P. Udayabhanu, Sri. N. Prasannan, Advs.

JUDGMENT :

This writ petition is filed by the petitioners seeking to quash Ext.P1 order passed by the State Police Complaints Authority in O.P.No.316 of 2013, whereby the State Police Chief was directed to look into the complaint made by the 4th respondent against the petitioners who have submitted a final report incorporating charge under Sec. 308 IPC against the 4th respondent. Brief material facts for the disposal of the writ petition are as follows:

2. Petitioners are Police Officers in the State Police Department. At the time of complaint, 1st petitioner was working as Sub Inspector at Adoor Police Station, Pathanamthitta, and the 2nd petitioner was working as Circle Inspector of Police at CBCID (Economic Offence-I) at Thiruvananthapuram. The 4th respondent filed Ext.P2 complaint before the State Police Complaints Authority against the petitioners. The 1st respondent proceeded in the matter, which, according to the petitioners, without jurisdiction since there is a clear delineation of power made under Sec.110(1) of the Kerala Police Act, 2011, and the State Police Complaints Authority is only vested with powers to consider complaints against the Police Officers of and above the





































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