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2025 Supreme(Online)(Ker) 36370

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
SHAHJAHAN H. – Appellant
Versus
THE KERALA STATE COMMISSION FOR MINORITIES – Respondent


Advocates:
For the Appellants/Petitioners: SRI.K.R.SUNIL, SMT.GOPIKA V.S.
For the Respondents: SRI.R.T.PRADEEP, SRI.GAUTHAM KRISHNA E.J., SRI.NIRANJAN T. PRADEEP, SRI.PHENEY BALAKRISHNAN, SMT.MEGHA BIJU, SRI.ABBY JOHN T.K., SRI.DHEERAJ A.S., GOVERNMENT PLEADER

Table of Content
1. the commission acted beyond its authority in directing criminal investigations. (Para 3)
2. court reviews commission's powers in relation to criminal law. (Para 5 , 6)
3. fir quashed due to lack of jurisdiction by the commission. (Para 7)

JUDGMENT

Dated this the 7th day of July, 2025 The petitioners state that the registration of Ext.P1-FIR pursuant to the directions issued by the 1st respondent in proceedings as per M.C. O.P. No.118/2024/ALP-DT is illegal and without any authority. The Kerala State Minority Commission Act , 2014 doesn’t empower the 1st respondent to register criminal cases against persons. Sections 9 and 12 of the Kerala State Commission for Minorities Act, 2014 give powers to recommend and to provide remedial measures with an intent to protect the welfare of minorities in Kerala.

2. A perusal of Ext.P2 complaint submitted by the

4th respondent would show that it is only a dispute of civil nature. The 1st petitioner is a Police Officer who joined duty during 1999 and serving the Police Department with all integrity reputation and credentials. Ext.P2 is only a complaint of civil nature to be adjudicated by a Civil Court and there is no element of an

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