Disposed

Midhin Raj v. State of Kerala

Kerala HC19 Jul 2022WP(Crl.)/104/2022

Case brief

AI extract

What is this about?

Petitioner sought removal of his name from the police rowdy list after being acquitted in multiple cases. The court directed the competent police authority to consider his application and pass orders within two months.

What did the court decide?

Directing the 3rd respondent (City Police Commissioner) to consider and pass orders on petitioner's application regarding rowdy list removal within two months.

Midhin Raj Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 19^TH DAY OF JULY 2022 / 28TH ASHADHA, 1944 WP(CRL.) NO. 104 OF 2022

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PETITIONER/S:

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MIDHIN RAJ AGED 39 YEARS S/O. MOHAN DAS, VINOD BHAVANAM, NADUVATHUSSERY, CHAVARA THEKKUMBHAGOM, CHAVARA SOUTH P. O., KOLLAM - 691 584. BY ADV B.MOHANLAL

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY THE STATION HOUSE OFFICER, CHAVARA THEKKUMBHAGOM POLICE STATION, CHAVARA SOUTH P. O., KOLLAM - 691 584. 2 THE ASSISTANT COMMISSIONER OF POLICE KARUNAGAPPALLY P.O., KOLLAM - 690 518. 3 THE CITY POLICE COMMISSIONER KOLLAM CITY, DISTRICT POLICE HEAD QUARTERS, KOLLAM - 691 001. 4 THE STATE POLICE CHIEF POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURM - 695 014. BY ADVS. SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR

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Adv C S Hrithwik-Sr PP

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 19.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(Crl.) No.104/2022

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JUDGMENT

Dated this the 19^th day of July, 2022

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The petitioner is aggrieved by the inaction on the part of the authorities concerned from removing his name from the rowdy list prepared by the Police as per the provisions of the Kerala Police Manual. The name of the petitioner was earlier included in the rowdy sheet, maintained as per the provisions in the Kerala Police Manual, vide Ext.P2 order passed on 24.09.2004. The aforesaid order would indicate that, the inclusion of the petitioner's name in the said list was on account of he being involved in two crimes namely crime Nos. 61/2003 and 31/2004 of Thekkumbhagom Police Station.

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The case of the petitioner is that, the petitioner was subsequently acquitted by the courts concerned in the aforesaid cases and also from the other crimes in which he was involved. Exts.P3 to P8 are the judgments indicating the fact of acquittal of the petitioner herein. As of now, the petitioner is not accused in any of the cases and no criminal proceedings are pending against

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WP(Crl.) No.104/2022 : 3 :

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him. In such circumstances, he submitted Ext.P9 application before the 3^rd respondent, who is the competent authority under Rule 259(8) of the Kerala Police Manual to consider the said request. This writ petition is filed in such circumstances.

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Heard Sri. B. Mohanlal, the learned counsel appearing for the petitioner and Sri. P. Narayanan, the additional Public Prosecutor.

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The learned Public Prosecutor brought my attention to the statement submitted by the respondents. In the statement, it is mentioned that, Ext.P2 has been renewed from time to time and at the moment it stands renewed upto 31.12.2022. It is also pointed out that, the petitioner was involved in nine cases and out of which in eight cases he is already acquitted by the court and in the remaining case was disposed of by imposing a fine. Therefore, the fact that, no criminal proceedings are pending against the petitioner is also affirmed from the statement submitted on behalf of the respondents.

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In such circumstances, there is no legal impediment in considering Ext.P9 application submitted by the petitioner. As per Rule 259(8) of the Kerala Police Manual, the rowdy history sheet

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WP(Crl.) No.104/2022

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can be closed on the orders of the Superintendent of Police based on the recommendation of Inspector of Police routed through the Deputy Superintendent of Police. In this case, it is discernible that, Ex.P9 application has been submitted before the Commissioner of Police, who is competent to exercise the powers as mentioned above.

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In such circumstances, this writ petition is disposed of directing the 3^rd respondent to consider and pass orders on Ext.P9 after obtaining necessary reports from the Inspector of Police in the manner as contemplated under the Rules. The aforesaid exercise shall be completed within a period of two months from the date of receipt of a copy of this judgment.

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Sd/ZIYAD RAHMAN A.A. JUDGE

ncd

WP(Crl.) No.104/2022

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APPENDIX OF WP(CRL.) 104/2022

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE REPORT SUBMITTED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.
Exhibit P2	TRUE COPY OF THE ORDER NO.GL/1330/04/KS DATED 24.09.2004 ISSUED BY THE 2ND RESPONDENT. (FORMER DYSP)
Exhibit P3	TRUE COPY OF THE JUDGMENT IN S.C.NO.252/06 DATED 30.11.2009 OF THE PRINCIPAL ASSISTANT SESSIONS JUDGE, KOLLAM.
Exhibit P4	TRUE COPY OF THE JUDGMENT IN S.C.NO.1115/2011 DATED 26.08.2021 OF THE SPECIAL JUDGE, SPE/CBI, THIRUVANANTHAPURAM.
Exhibit P5	TRUE COPY OF THE JUDGMENT IN C.C.NO.552/2008 DATED 20.02.2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE CURT, SASTHAMCOTTA.
Exhibit P6	TRUE COPY OF THE JUDGMENT IN C.C.NO.590/2008 DATED 20.02.2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, SASTHAMCOTTA.
Exhibit P7	TRUE COPY OF THE JUDGMENT IN C.C.NO.630/2008 DATED 20.02.2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, SASTHAMCOTTA.
Exhibit P8	TRUE COPY OF THE JUDGMENT IN C.C.NO.610/2008 DATED 22.11.2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, SASTHAMCOTTA.
Exhibit P9	TRUE COPY OF THE APPLICATION DATED 21.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT 1 TO 3.

Midhin Raj v. State of Kerala

Case brief

What is this about?

What did the court decide?

Midhin Raj v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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