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A. BADHARUDEEN
Abhirami Girish – Appellant
Versus
State Of Kerala Represented By Public Prosecutor – Respondent
ORDER :
A. Badharudeen, J.
Accused in C.C.No.1669/2021 on the files of the Judicial First Class Magistrate Court-I, (Forest Offences), Thodupuzha, has filed this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the relief as under:
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the decisions placed and Section 59 of the Kerala Police Act, 2011 (for short, 'the KP Act' hereinafter).
3. It is submitted by the learned counsel for the petitioner that, the petitioner, who is the accused in the above case, alleging commission of offences punishable unde
The court ruled that a Non-Involvement in Offences Certificate must specify pending criminal cases, balancing employment opportunities with the rights of the accused.
The court ruled that a Non-Involvement in Offences Certificate must specify any pending criminal cases, balancing the rights of the accused with employment requirements.
Section 59 of the Kerala Police Act only permits issuance of a Non Involvement in Offences Certificate without detailing any crimes the applicant may be involved in.
An accused is entitled to a police clearance certificate despite pending criminal charges, provided it includes details of the case.
An application for a Non-Involvement in Offences Certificate cannot be denied solely due to pending criminal cases, and details of such cases must be included in the certificate.
An accused may seek a Police Clearance Certificate; rejection must be procedurally fair and grounded in relevant statutory provisions.
Police clearance certificates cannot be denied based on ongoing family court proceedings if the applicant has no criminal involvement.
The registration of a crime does not deprive an individual of fundamental rights such as the right to travel, necessitating the issuance of a Police Clearance Certificate while noting pending crimina....
The central legal point established is that as per the applicable Rules and Regulations, only a Non Involvement in Offences Certificate (NIOC) can be issued by the competent authority, and there is n....
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