The High Court of Kerala directed the District Police Chief to decide on the Petitioner's representation challenging his rowdy history sheet within three weeks, noting the Petitioner's acquittal in most criminal cases.
Direction to the first respondent to take a decision on Ext.P4 representation within three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
MONDAY, THE 3RD DAY OF JULY 2017/12TH ASHADHA, 1939
WP(C).No. 8662 of 2017 (G)
PETITIONER:
JUSTIN SHINTO, AGED 28 YEARS, S/O.JOSEPH V.A, ARACKAL HOUSE, PANAYIKKULAM PO, ERNAKULAM DISTRICT.
BY ADVS.SRI.P.MARTIN JOSE
SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA
RESPONDENTS:
1. THE DISTRICT POLICE CHIEF, ERNAKULAM (RURAL), ALUVA - 683 101.
3. THE CIRCLE INSPECTOR OF POLICE, ALUVA - 683 101.
4. THE SUB INSPECTOR OF POLICE, BINANIPURAM, PIN - 683 502.
BY GOVERNMENT PLEADER SRI.SURIN GEORGE IYPE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 8662 of 2017 (G)
APPENDIX
PETITIONERS' EXHIBITS:
EXT.P1: TRUE COPY OF CERTIFICATE DATED 17.7.2014 ISSUED BY M/S.A.L.JACOB & SONS. EXT.P2: TRUE COPY OF ORDER IN C.C.NO.715 OF 2008 DATED 7.2.2012 OF JUDICIAL 1ST CLASS MAGISTRATE -1, N.PARAVUR. EXT.P3: TRUE COPY OF JUDGMENT IN C.C.NO.993 OF 2010 DATED 13.1.2016 OF JUDICIAL FIRST CLASS MAGISTRATE -1, N.PARAVUR EXT.P4: TRUE COPY OF PETITION DATED 25.4.2016 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT POLICE CHIEF, ALUVA RURAL. EXT.P5: TRUE COPY OF ACKNOWLEDGEMENT DATED 26.4.2016 FOR RECEIPT OF EXHIBIT P4 ISSUED BY DISTRICT POLICE OFFICE, ERNAKULAM RURAL. RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
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P.B. SURESH KUMAR, J.
W.P.(C) No.8662 of 2017
-----------------------------------------Dated this the 3rd day of July, 2017
JUDGMENT
A rowdy history sheet was opened in respect of
the petitioner at Binanipuram Police Station in accordance with the provisions contained in the Kerala Police Manual. According to the petitioner, there were 4 cases against him and it is on account of the said reason that the rowdy history sheet was opened against him. It is the case of the petitioner that out of the four cases, he was acquitted in three cases and the remaining one was disposed of imposing a fine of Rs.100/-on him. According to the petitioner, in the said circumstances, there is absolutely no justification for maintaining rowdy history sheet against the petitioner. Ext.P4 is the representation preferred by the petitioner before the first respondent in this connection
W.P.(C) No.8662 of 2017 -2-
for appropriate orders. The limited prayer made by the learned counsel for the petitioner, when this matter was taken up for admission, is for a direction to the first respondent to take a decision on Ext.P4 representation.
Having regard to the facts and circumstances a case, I deem it appropriate to dispose of the writ petition directing the first respondent to take a decision on Ext.P4 representation, within three weeks from the date of receipt of a copy of this judgment. Ordered accordingly. The petitioner shall produce a copy of this judgment for compliance before the first respondent.
Sd/- P.B. SURESH KUMAR JUDGE
bpr
1 issue framed by the court
Whether the Court ought to direct the First Respondent to decide on the Petitioner's representation regarding his rowdy history.
Justin Shinto
The District Police Chief, Ernakulam (Rural), Aluva
P.B. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
