Disposed

Munnan Nair v. the State of Kerala

Kerala HC6 Jun 2023WP(Crl.)/158/2023

Case brief

AI extract

What is this about?

In a criminal writ petition, the petitioner sought to quash his name from a police rowdy sheet alleging no criminal activity for over 20 years. The court noted the police confirmation of no recent crimes and directed the Station House Officer to consider an application for exclusion within 15 days before disposing of the petition.

What did the court decide?

Petitioner directed to approach the 4th respondent with an application; respondent to decide within 15 days.

Munnan Nair Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

¶1

WP(CRL.) NO. 158 OF 2023

¶2

¶3

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶4

PRESENT

¶5

THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

¶6

TUESDAY, THE 6TH DAY OF JUNE 2023 / 16TH JYAISHTA, 1945
WP(CRL.) NO. 158 OF 2023

¶7

PETITIONER/S:

¶8

MUNNAN NAIR

¶9

AGED 47 YEARS
S/O VASUDEVAN NAIR, MURUGAVELASAM, MARADI WARD,
KARODE VILLAGE, NEYYATINKARA TALUK,
THIRUVANANTHAPURAM, PIN - 695121
BY ADV SASTHAMANGALAM S. AJITHKUMAR

¶10

RESPONDENT/S:

¶11

1 THE STATE OF KERALA REPRESENTED BY SECRETARY, HOME DEPARTMENT. GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶12

2 THE DIRECTOR GENERAL POLICE, THIRUVANANTHAPURAM VELLAYAMBALAM - VAZHUTHACAUD ROAD, ALTHARA JUNCTION, NANDAVANAM, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695010

¶13

3 THE DEPUTY SUPERINTENDENT OF POLICE NEYYATTINKARA NEYYATTINKARA KATTAKKADA ROAD, ALUMMOODU, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695121

¶14

4 THE STATION HOUSE OFFICER, POZHIYOOR POLICE STATION VIRALY ROAD, POZHIYOOR, THIRUVANANTHAPURAM, PIN - 695513

¶15

OTHER PRESENT:

¶16

PP SRI.C.N PRABHAKARAN

¶17

THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 06.06.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

¶18

WP(CRL.) NO. 158 OF 2023

¶19

¶20

BECHU KURIAN THOMAS, J. ============================== W.P. (Crl.) No. 158 of 2023

¶21

--------------------------------------------------

¶22

Dated this the 6^th day of June 2023

¶23

J U D G M E N T

¶24

Petitioner seeks to quash Ext. P2 rowdy sheet in so far as it includes his name in it.

¶25

Petitioner was allegedly involved in few crimes in the year 1999 and was included in a rowdy sheet maintained as per the Kerala Police Manual. Petitioner alleges that he has not involved in any crime for the last more than two decades. He claims that he has completely abstained from all criminal activities. According to the learned Counsel for the petitioner, despite the petitioner having not involved himself in any criminal activities for the last more than two decades, he is asked to appear before the Police Station without any reason and though there are no criminal activities indulged in by him, still, his name continues to be retained in the rowdy list. In such circumstances petitioner has approached this Court to quash his name from the list of criminals maintained by the 4^th respondent.

¶26

Learned Public Prosecutor upon instructions submitted that, as per the information available with the 4^th respondent, petitioner has not involved himself in any crime, for the last several years and that the police has no intention to retain petitioner’s name in the

¶27

WP(CRL.) NO. 158 OF 2023

¶28

¶29

rowdy list. It was further submitted that, if the petitioner approaches the 4^th respondent with an appropriate application, a decision to that effect shall be taken immediately.

¶30

Since the petitioner has admittedly not involved in any criminal activities for the last almost 20 years, it is only appropriate that his name be not retained as a rowdy any further. The Station House Officer, where the rowdy list is maintained is entitled under law to consider the inclusion or exclusion of a person into or from the list.

¶31

In view of the above, petitioner is at liberty to approach the 4^th respondent with an application to exclude his name from the list of rowdies, maintained in the said station. If any such application is filed as directed above, the 4^th respondent shall take a decision within 15 days from the date of receipt of such an application, bearing in mind the observation made herein above.

¶32

With the above observation, this writ petition is disposed of.

¶33

sd/

¶34

BECHU KURIAN THOMAS JUDGE

¶35

jm/

¶36

WP(CRL.) NO. 158 OF 2023

¶37

¶38

APPENDIX OF WP(CRL.) 158/2023

¶39

PETITIONER EXHIBITS
ExhibitP1THE TRUE COPY OF THE ORDER NO.
1283/GL/1999-CSD OF THE 3RD RESPONDENT
DATED 9/07/1999
ExhibitP2THE TRUE COPY OF THE ROWDY HISTORY SHEET
ExhibitP3THE TRUE COPY OF THE RTI APPLICATION
FILED BEFORE THE 4TH RESPONDENT DATED
28/08/2022
Exhibit P4THE TRUE COPY REPLY RECEIVED FROM STATE
PUBLIC INFORMATION OFFICER DATED 30/9/22
ExhibitP5THE TRUE COPY OF THE UNIQUE DISABILITY
ID CARD ISSUED BY THE GOVERNMENT OF
INDIA DATED 10/11/22

Munnan Nair v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Munnan Nair v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Leela Anil Kumar Vs State of Kerala

Sajan Samuel, Vs State of Kerala

Arafath.K Vs State of Kerala

Mahesh Kumar.T Vs State of Kerala

Pradeep Vs State of Kerala

Sunilkumar.S Vs State of Kerala