Disposed

Balagopal C.K. v. Station House Officer

Kerala HC24 Jul 2024WP(C)/26432/2024

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the delay in issuing a Non-Involvement in Offences Certificate. The court directed the respondent to consider the application in light of a Kerala Police circular and upload the decision online within one week, disposing of the petition.

What did the court decide?

Directed the respondent to consider the Ext.P1 application considering the Ext.P2 circular and upload the decision online within one week.

Balagopal C.K. Vs Station House Officer — Pension and Retirement Benefits | Kerala HC (2024)

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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 P.M.MANOJ

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WEDNESDAY, THE 24TH DAY OF JULY 2024 / 2ND SRAVANA, 1946
WP(C) NO. 26432 OF 2024

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PETITIONER/S:

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BALAGOPAL C.K.
AGED 37 YEARS

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S/O. NANDHAKUMAR, SURABHI, 361, 2A MAIN, 7B CROSS,
MUTHYALA NAGAR, GOKULA P.O., BANGALORE, KARNATAKA-
560054. PRESENTLY RESIDING AT DEEPTHI, KRA 42/43,
PALACE 17, KALIKOTTA ROAD, TRIPUNITHURA, ERNAKULAM
DISTRICT, KERALA, PIN - 682030
BY ADVS.
M.R.DHANIL
D.CHANDRASENAN
SENITTA P. JOJO
VIDHUNA NARAYANAN
JOSE MATHEW MELETH

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RESPONDENT/S:

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STATION HOUSE OFFICER
HILL PALACE POLICE STATION, ERNAKULAM CITY, ERNAKULAM
DISTRICT, KERALA-, PIN – 682030

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SRI. SUNIL KURIAKOSE, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 26432 OF 2024

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-2-

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JUDGMENT

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This writ petition is preferred aggrieved by the delay occurred

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in issuing Non-Involvement in Offences Certificate by considering Ext.P1 application.

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It is stated that the petitioner was unfortunately trapped and arrayed as an accused in a false criminal case. The petitioner submitted Ext.P1 application before the respondent for issuing a Non-Involvement in Offences Certificate. However, without assigning proper reasons, the application is kept pending.

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The learned Counsel for the petitioner submits that in the light of a judgment of this Court dated 27.08.2021 in W.P. (C)No.5930/2018 in Femin Panikkassery vs. Union of India and Others , the Kerala Police Department has issued a circular dated 13.05.2022, by which, the respondent is bound to issue the Non-Involvement in Offences Certificate to the petitioner. Accordingly seeks for an expeditious disposal of Ext.P1 application, in the light of Ext.P2 circular. It is further submitted that issue of similar nature has been considered by this Court in W.P.

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WP(C) NO. 26432 OF 2024

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-3-

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(C)No.43913/2023 by judgment dated 04.01.2024.

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I have heard the learned Counsel for the petitioner and the learned Government Pleader.

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Considering the limited prayer sought for in the writ petition, I am of the considered opinion that the writ petition can be disposed of with appropriate direction. Accordingly, there will be a direction to the respondent to consider Ext.P1 application submitted by the petitioner, taking into consideration of Ext.P2 circular issued by the Kerala Police Department and shall upload a decision through online portal, within a period of one week from the date of receipt of a copy of this judgment.

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The writ petition is disposed of accordingly.

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 Sd/-

P.M.MANOJ

JUDGE

24.07.2024

WP(C) NO. 26432 OF 2024

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APPENDIX OF WP(C) 26432/2024

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE RELEVANT PAGES OF
APPLICATION DATED 22/07/2024 FOR THE
NON-INVOLVEMENT IN OFFENCES CERTIFICATE
BEFORE THE HILL PALACE POLICE STATION
Exhibit P2TRUECOPYOFTHECIRCULAR
NO.15/2022/PHQ DATED 13/05/2022 ISSUED
BY THE KERALA POLICE DEPARTMENT

Balagopal C.K. v. Station House Officer

Case brief

What is this about?

What did the court decide?

Balagopal C.K. v. Station House Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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