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Vinod Vs State of Kerala — Kerala HC (2025) — LawSathi Research

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Kerala HC
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Vinod Vs State of KeralaVinod v. State of Kerala

Disposed¶30

Vinod v. State of Kerala

Kerala HC24 Mar 2025WP(Crl.)/805/2024

Case brief

AI extract

What is this about?

Vinod v. State of Kerala & Ors., W.P.(Crl.) No. 805 of 2024, neutral citation 2025:KER:25135, decided 24.03.2025 by Dr. Justice Kauser Edappagath (single judge). Subject: time-bound disposal of Ext.P6 request for sanction dated 04/09/2018 pending with the 1st respondent (Secretary to Government, Department of Home Affairs). Background exhibits include complaints by the petitioner's wife dated 11/09/2016 and 12/09/2016, FIR dated 10/09/2016 in Crime No.1343/2016 of Karamana Police Station, private complaint C.M.P. No.233/2018 before JMFC-I Thiruvananthapuram, connected case C.C. No.12 of 2024, and orders dated 18/03/2024 in Crl. M.A. No.1/2024 in Crl. M.C. No.2392/2024. Held: 1st respondent to consider the sanction request in accordance with law after State Police Chief's report and dispose within four months; writ petition disposed of. Statutes cited: none. Precedents cited: none.

What did the court decide?

Direction to respondent No.1 to consider Ext.P6 request for sanction in accordance with law after getting report from the State Police Chief and dispose of the same within four months. ¶30

Why is it important?

Respondent No.1 is directed to consider Ext.P6 request for sanction in accordance with law after getting report from the State Police Chief and to dispose of the same within four months. ¶29

What the court decided

AI extract

Outcome

Direction to respondent No.1 to consider Ext.P6 request for sanction in accordance with law after getting report from the State Police Chief and dispose of the same within four months.

Issue for consideration

Whether respondent No.1 (Secretary to Government, Department of Home Affairs) can be directed to pass final orders on the petitioner's Ext.P6 request for sanction within a time frame.

Ratio / Principle

Respondent No.1 is directed to consider Ext.P6 request for sanction in accordance with law after getting report from the State Police Chief and to dispose of the same within four months.

Detailed headnote1 paragraphs

Writ Petition (Criminal) No. 805 of 2024, High Court of Kerala at Ernakulam (Dr. Justice Kauser Edappagath), decided 24.03.2025: The petitioner sought a direction to respondent No.1 (Secretary to Government, Department of Home Affairs) to pass final orders on Ext.P6 request for sanction (representation dated 04/09/2018) within a time frame. The court recorded that although Ext.P6 had not been received at the 1st respondent's office, its copy had been forwarded to the State Police Chief after the filing of the writ petition. The court directed respondent No.1 to consider Ext.P6 request for sanction in accordance with law after obtaining the State Police Chief's report and to dispose of the same within four months. The writ petition was disposed of accordingly. No statutes or precedents were cited in the judgment.

A

W.P.(Crl.) No. 805 of 2024

2025:KER:25135

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

MONDAY, THE 24^TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947

WP(CRL.) NO. 805 OF 2024

CC NO.12 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, THIRUVANANTHAPURAM

PETITIONER:

VINOD AGED 51 YEARS, S/O LEKSHMANAN, RESIDING AT 'KRISHNENDU', T.C. NO.50/76, KALADY, KARAMANA P.O., THIRUVANANTHAPURAM, PIN - 695002

BY ADVS. ARUN CHAND BHARAT VIJAY P. THAREEQ ANVER K. K.SALMA JENNATH MINU VITTORRIA PAULSON NEETHU S. VINAYAK G MENON ARCHANA P.P.

RESPONDENTS:

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

2 THE DISTRICT POLICE CHIEF THIRUVANANTHAPURAM CITY, OFFICE OF THE DISTRICT POLICE CHIEF, THYCAUD, THIRUVANANTHAPURAM, PIN - 695014

W.P.(Crl.) No. 805 of 2024

..2..

2025:KER:25135

3 THE STATION HOUSE OFFICER KARAMANA POLICE STATION, KARAMANA P.O, THIRUVANANTHAPURAM, PIN - 695002

4 PRITHVIRAJ D.K. AGED 52 YEARS THEN CIRCLE INSPECTOR, THAMPANOOR POLICE STATION, S/O DAMODHARAN PILLAI, RAJATH, KOLLOOR GARDENS, KANNAMOOLA, MEDICAL COLLEGE P.O., THIRUVANTHAPURAM, PIN - 695011

5 C. VALSALAN AGED 57 YEARS, THEN SUB INSPECTOR, KARAMANA POLICE STATION, S/O CHELLAPPAN, KUZHINJANVILLA PUTHEN VEEDU, KARIMKUTTI, PARASALA P.O., THIRUVANANTHAPURAM, PIN - 695502

BY ADVS. ADVOCATE GENERAL OFFICE KERALA SUMAN CHAKRAVARTHY BLAZE K. JOSE BREJITHA UNNIKRISHNAN(K/826/2007) SUDEESH K.E.(K/1950/2023) DIRECTOR GENERAL OF PROSECUTION(AG-10) P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC PROSECUTOR() SHRI.SAJJU.S., SENIOR G.P.()

THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(Crl.) No. 805 of 2024

..3..

2025:KER:25135

J U D G M E N T

This writ petition has been filed to give a direction to the respondent No.1 to pass final orders in Ext.P6 request for sanction within a time frame.

I have heard Sri.Arun Chand, the learned counsel for the petitioner and Sri.P.Narayanan, the learned Senior Government Pleader.

The learned Senior Government Pleader submits that even though Ext.P6 request has not been received at the office of the respondent No.1, after filing the writ petition, a copy of Ext.P6 request has been forwarded to the State Police Chief for furnishing report. The respondent No.1 is directed to consider Ext.P6 request for sanction in accordance with law after getting report from the State Police Chief and dispose of the same within four months.

The writ petition is disposed of as above.

Sd/-

DR. KAUSER EDAPPAGATH

JUDGE

APA

W.P.(Crl.) No. 805 of 2024

..4..

2025:KER:25135

APPENDIX OF WP(CRL.) 805/2024

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE COMPLAINT DATED 11/09/2016 SUBMITTED BY THE WIFE OF THE PETITIONER BEFORE THE 5TH RESPONDENT

EXHIBIT P2 THE TRUE COPY OF THE COMPLAINT DATED 12/09/2016 SUBMITTED BY THE WIFE OF THE PETITIONER BEFORE THE 2ND RESPONDENT

EXHIBIT P3 THE TRUE COPY OF THE RECEIPT DATED 12/09/2016 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT TO THE WIFE OF THE PETITIONER

EXHIBIT P4 THE TRUE COPY OF THE FIR DATED 10/09/2016 IN CRIME NO.1343/2016 OF KARAMANA POLICE STATION, THIRUVANANTHAPURAM DISTRICT

EXHIBIT P5 THE TRUE COPY OF THE PRIVATE COMPLAINT NUMBERED AS C.M.P. NO.233/2018 FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT – 1, THIRUVANANTHAPURAM

EXHIBIT P6 THE TRUE COPY OF THE REPRESENTATION DATED 04/09/2018 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P7 THE TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARD PERTAINING TO EXHIBIT P6 ACKNOWLEDGED FROM THE OFFICE OF THE 1ST RESPONDENT

EXHIBIT P8 THE TRUE COPY OF THE INTERIM ORDER DATED 18/03/2024 IN CRL M.A. NO.1/2024 IN CRL. M.C. NO.2392/2024 PASSED BY THIS HON’BLE COURT

EXHIBIT P9 THE TRUE COPY OF THE ORDER DATED 18/03/2024 IN CRL. M.C. NO.2392/2024 PASSED BY THIS HON’BLE COURT

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether respondent No.1 (Secretary to Government, Department of Home Affairs) can be directed to pass final orders on the petitioner's Ext.P6 request for sanction within a time frame.¶27

Procedural history

How this case reached the court

AI extract

Prior proceeding
Complaint dated 11/09/2016 submitted by the petitioner's wife before the 5th respondent (Exhibit P1).¶40
Prior proceeding
Complaint dated 12/09/2016 submitted by the petitioner's wife before the 2nd respondent (Exhibit P2), with a receipt issued the same day from the 2nd respondent's office (Exhibit P3).¶41
Prior proceeding
FIR dated 10/09/2016 in Crime No.1343/2016 of Karamana Police Station, Thiruvananthapuram District (Exhibit P4).¶43
Prior proceeding
Private complaint by the petitioner numbered as C.M.P. No.233/2018 before the Judicial First Class Magistrate Court-1, Thiruvananthapuram (Exhibit P5).¶44
Prior proceeding
Representation dated 04/09/2018 submitted by the petitioner before the 1st respondent seeking sanction (Exhibit P6), acknowledged from the 1st respondent's office (Exhibit P7).¶45
Prior proceeding
Interim order dated 18/03/2024 in Crl. M.A. No.1/2024 in Crl. M.C. No.2392/2024 passed by this Hon'ble Court (Exhibit P8).¶47
Prior proceeding
Order dated 18/03/2024 in Crl. M.C. No.2392/2024 passed by this Hon'ble Court (Exhibit P9).¶48
Prior proceeding
Related trial case shown in cause title: C.C. No.12 of 2024 of the Judicial Magistrate of First Class-I, Thiruvananthapuram.¶8
Prior proceeding
After filing of the writ petition, a copy of Ext.P6 request was forwarded to the State Police Chief for furnishing report, though Ext.P6 itself had not been received at the 1st respondent's office.¶29

Parties & counsel

AI extract

petitioner
Vinod¶10
ARUN CHAND, BHARAT VIJAY P., THAREEQ ANVER K., K.SALMA JENNATH, MINU VITTORRIA PAULSON, NEETHU S., VINAYAK G MENON, ARCHANA P.P.
respondent
State of Kerala represented by the Secretary to Government, Department of Home Affairs¶13
ADVOCATE GENERAL OFFICE KERALA, SUMAN CHAKRAVARTHY, BLAZE K. JOSE, BREJITHA UNNIKRISHNAN (K/826/2007), SUDEESH K.E. (K/1950/2023), DIRECTOR GENERAL OF PROSECUTION (AG-10), P.NARAYANAN (Sr.), SAJJU S. (Sr.)
respondent
The District Police Chief, Thiruvananthapuram City¶14
respondent
Station House Officer, Karamana Police Station¶18
respondent
Prithviraj D.K.¶19
respondent
C. Valsalan¶20

Coram

AI extract

Dr. Justice Kauser Edappagathauthor¶5

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 24 Mar 2025 · March
Registered: 22 Jul 2024
Case no.: WP(Crl.)/805/2024
CNR: KLHC011245432024
Bench: Kauser Edappagath
Disposal: DISPOSED OF
Case type: W.P.(Crl.)

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Cite this judgement

Vinod v. State of Kerala, WP(Crl.)/805/2024 (KL), decided on 24 March 2025.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history9

Complaint dated 11/09/2016 submitted by the petitioner's wife before the 5th respondent (Exhibit P1).
Complaint dated 12/09/2016 submitted by the petitioner's wife before the 2nd respondent (Exhibit P2), with a receipt issued the same day from the 2nd respondent's office (Exhibit P3).

View full history

Bench / Coram

Dr. Justice Kauser Edappagath

Parties & counsel