JUDGEMENT
RAJESH BINDAL,J. -
(1.) The petitioners have filed the present petition
seeking quashing of the order dated 8.4.2015 (Annexure P-11) passed by
the Police Complaints Authority, U. T. Chandigarh (for short, 'the
Authority).
(2.) Learned counsel for the petitioners submitted that in view of the judgment of Hon'ble the Supreme Court in Prakash Singh and others v.
Union of India and others 2006 (4) R. C. R. (Criminal) 439, the Police
Authorities were constituted in all the districts and at the State level
with a view to go into the allegations of misconduct against the police
personnel. In pursuance to the direction issued by Hon'ble the Supreme
Court, State Level Police Complaints Authority was re-constituted in
Chandigarh vide notification dated 8.11.2013. The powers and functions
are defined, which are in line with the directions issued by Hon'ble the
Supreme Court. Still in a complaint filed by respondent no. 12 against
the petitioners, which was initially found to be a dispute of civil
nature, the Authority vide order dated 8.4.2015, directed the complaint
of respondent no. 12 to be re-investigated. The officer against whom the
complaint was filed was exonerated. It was submitted that as the
directions issued by the Authority are totally without jurisdiction, the
order deserves to be set aside to that extent.
(3.) Learned counsel appearing for Union Territory, Chandigarh, submitted that the order passed by the authority is well reasoned. There is no
direction issued for registration of FIR and the matter was directed to
be re-enquired into to see the truth.;
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