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KERALA HIGH COURT
B. Sudhakar, J
Vincent M. P. v. Shajan and Others
| Table of Content |
|---|
| 1. challenge to the lok ayukta's order for preliminary investigation. (Para 1 , 2) |
| 2. details on the allegations leading to the complaint. (Para 3 , 4 , 5) |
| 3. legal arguments concerning procedural rights. (Para 6 , 7 , 8 , 9) |
| 4. the necessity and procedure for preliminary inquiries. (Para 10 , 11 , 12) |
| 5. judicial interpretation of investigative thresholds in complaints. (Para 13 , 14 , 15) |
| 6. justification of statutory provisions regarding required parties. (Para 16 , 17 , 18 , 19 , 20) |
| 7. outcome of the writ petition and its implications. (Para 21) |
1. Ext. P3 order passed by the 5th respondent / Lok Ayukta, authorising and directing the District Police Chief, Palakkad, to conduct a ‘preliminary investigation’ in respect of the allegations in Ext. P1 complaint, is under challenge in this writ petition preferred by the petitioner, who is arrayed as the 3rd respondent in the complaint.
2. The main ground of challenge is that, Ext. P3 order is beyond the power, competence and jurisdiction of the 5th respondent as far as ‘preliminary enquiry’ is covered and that there is clear violation of statutory prescription, particularly under S.9(3) of the Kerala Lok Ayuktha Act, 1999, i
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