W.P.(C) No.12243 of 2025: K Premjith v. State of Kerala and others

``` 2025:KER:27559 ``` ``` W.P.(C)No.12243 of 2025 ``` 1 **==> picture [58 x 57] intentionally omitted <==** # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE C.S.DIAS ``` ``` TUESDAY, THE 1[ST] DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 ``` ``` WP(C) NO. 12243 OF 2025 ``` ## **`PETITIONER:`** ``` K PREMJITH AGED 40 YEARS S/O PADMANABHAN, PRANAMAM VAYALIL PEEDIKA, P O PERUNTHATTIL, ERANHOLI, KANNUR DISTRICT, KERALA., PIN - 670107 ``` ``` BY ADVS. RAJESH VIJAYENDRAN ASOK CHACKO THOMAS PRIYANKA GOPI APARNA SHAJI IBRAHIM CHERUPULLY ABDUL SALAM ``` ## **`RESPONDENTS:`** ``` 1STATE OF KERALA REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 ``` ``` 2STATE POLICE CHIEF POLICE HEAD QUATERS, VAZHUTHACADU, THIRUVANATHAPURAM., PIN - 695010 ``` ``` 2025:KER:27559 ``` 2 **==> picture [58 x 57] intentionally omitted <==** ## `W.P.(C)No.12243 of 2025` - **`3 ASSISTANT COMMISIONER OF POLICE THALASSERY POLICE STATION, THALASSERY P.O., PIN - 670107`** - **`4 STATION HOUSE OFFICER KUTHUPARAMBA PS, KUTHUPARAMBA PO. THALASSERY, KANNUR, KERALA., PIN - 670643`** ## **`GP SMT VIDYA KURIAKOSE`** ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON ``` ``` 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:27559 ``` ``` W.P.(C)No.12243 of 2025 ``` **C.S.DIAS, J** **-------------------------------------------W.P.(C).No. 12243 of 2025 --------------------------------------------Dated this the 01[st] day of April, 2025** ## **JUDGMENT** The writ petition is filed to direct the respondents to issue a Non-Involvement in Offences certificate to the petitioner, expeditiously. 2. The petitioner is an ex-serviceman. The petitioner’s marital relationship with his wife is strained. The petitioner’s wife filed Ext.P1 FIR, alleging that the petitioner has committed offence under Section 498A of the Indian Penal Code. The petitioner has been granted an order of pre-arrest bail by Ext.P2 order. The petitioner has approached potential employers to get a job. The petitioner’s prospective employers are insisting for a NonInvolvement in Offences Certificate. Consequently, the ``` 2025:KER:27559 ``` 4 **==> picture [58 x 57] intentionally omitted <==** ``` W.P.(C)No.12243 of 2025 ``` petitioner preferred an application before the Dharmadom Police Station for the NIO Certificate. But, by Ext.P3 notice, the petitioner’s application was rejected due to the pendency of Ext.P1 FIR. The action of the respondents is arbitrary. Hence, the writ petition. 3. Heard; the learned counsel for the petitioner and the learned Government Pleader. 4. The learned Government Pleader submitted that, Ext.P1 FIR has been registered by the 4[th] respondent. The investigation in the crime is complete and the final report has been filed before the Judicial First Class Magistrate Court, Kuthuparamba. The case has been now registered as C.C.No.178/2024. 5. Section 59 of the Kerala Police Act, 2011 ('Act' for short) lays down the procedure to be followed ``` 2025:KER:27559 ``` ``` W.P.(C)No.12243 of 2025 ``` 5 **==> picture [58 x 57] intentionally omitted <==** to issue a Non - Involvement in offence certificate, which reads as follows: "59. Police to give certificates of non - involvement in offences. - The District Police Chief or the Station House Officer may, on the application of any person, give a certificate to the effect that such person is not involved in any offence after suitable enquiries and after realising such charges as may be fixed by the Government in this regard." 6. The above provision unequivocally empowers the District Police Chief or a Station House Officer to issue a certificate stating that a person is not involved in any offence/crime, which is commonly known as a Non - Involvement in Offence (NIO) certificate @ Police Clearance Certificate. 7. The question whether an accused in a crime is entitled to a certificate under Section 59 of the Act is no longer res integra in view of the decision of this ``` 2025:KER:27559 ``` ``` W.P.(C)No.12243 of 2025 ``` 6 **==> picture [58 x 57] intentionally omitted <==** ## Court in **Sasikumar v. State of Kerala** (2023 KHC ## 254), where it is held as under: “ 7. Whether on the basis of such a clearance certificate containing a statement on the involvement of the petitioner in a particular crime, he would obtain any permission to ply the vehicle is a different matter. However, the certificate need not be denied merely due to the pendency of a criminal case, especially when criminal cases do take a long period to be disposed of. Coupled with the delay, the presumption of innocence of an accused, that continue until trial is completed and the judgment pronounced also compels this Court to adopt such a view. 8. Further, it is not the intention of S.59 of the Kerala Police Act, 2011 that whenever a criminal case is pending against an accused, he should be denied the opportunity even to attempt to obtain an employment, if a certificate from the police is required. There would be cases of offences which may have no bearing on the nature of employment. 9. In the above view of the matter, I direct the 3rd respondent to issue a police clearance certificate as contemplated under ``` 2025:KER:27559 ``` ``` W.P.(C)No.12243 of 2025 ``` 7 **==> picture [58 x 57] intentionally omitted <==** S.59 of KP Act specifying the existence of the criminal case along with its number, the type of offences, and the name of the court. The needful shall be done, within a period of three weeks from the date of receipt of a copy of this judgment”. ## 8. In **Rajendraprasad. T.V v. Union Territory of Lakshadweep** (2023 KHC OnLine 10443), this Court has held as under: “3. I find substantial merit in the submission of the learned Government Pleader. A Police Clearance Certificate cannot be issued to a person involved in a crime. At the same time, there cannot be any objection in issuing a certificate showing that the petitioner is involved in only one crime. The Writ Petition is accordingly disposed of, directing the 3rd respondent to issue certificate showing the petitioner's involvement is only in the crime now pending before the Judicial First Class Magistrate Court - I, Tirur, as CC No.29/2013. **** ***” ## 9. In addition to the above principles of law, the learned Government Pleader handed over a copy of the Circular bearing No.3/2025/PHQ dated 9.1.2025 issued ``` 2025:KER:27559 ``` **==> picture [58 x 57] intentionally omitted <==** ## `W.P.(C)No.12243 of 2025` 8 by the State Police Chief laying down the procedure to issue a NIO certificate, which has been promulgated in line with the law laid down by this Court. 10. In view of the declaration of law by this Court and the Circular of the State Police Chief, undoubtedly an accused in a crime is entitled to an NIO certificate, but by incorporating the details of the crime and the offence that the accused is charged with. 11. In the case on hand, indisputably, the petitioner is an accused in Crime No.636/2023. Therefore, the petitioner is entitled to an Involvement in Offences certificate in Annexure-II format as per the Circular of the State Police Chief, by including the details of the crime and offences. In the result, the writ petition is disposed of in the following manner: **==> picture [58 x 57] intentionally omitted <==** ``` 2025:KER:27559 ``` ``` W.P.(C)No.12243 of 2025 ``` 9 (i) Ext.P3 rejection notice is quashed. (ii) The petitioner is permitted to file an application in Annexure-I form mentioned in the Circular before the competent respondents for an Involvement in Offences certificate. The application shall be submitted within one week from today. (iii) If the petitioner submits the application as directed above, the competent among the respondents is directed to issue the petitioner an Involvement in Offences certificate in Annexure-II form as provided in the Circular, within two weeks from the date of receipt of the application. The writ petition is ordered accordingly. **Sd/-** SCB.01.04.25 **C.S.DIAS JUDGE** ``` 2025:KER:27559 ``` 10 **==> picture [58 x 57] intentionally omitted <==** ``` W.P.(C)No.12243 of 2025 ``` ## **`APPENDIX OF WP(C) 12243/2025`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1A TRUE COPY OF FIR NO. 0636 OF 2023 DATED 11.07.2023. ``` ``` Exhibit P2A TRUE COPY OF THE BAIL ORDER DATED 25.08.2023. Exhibit P3THE TRUE COPY OF THE REJECTION NOTICE DATED 11.12.2023 ```