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2026 Supreme(Online)(Ker) 3924

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
ABJAS B – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.NAVANEETH.N.NATH, SMT.ABHIRAMI S., SHRI.ABDUL LATHEEF P.M., SHRI.ARUN GOPI G. L.
For the Respondents: SRI.NAVANEETH.N.NATH, SR. PUBLIC PROSECUTOR, SMT. O.V. BINDU

Table of Content
1. pending criminal cases should not automatically deny a certificate. (Para 1 , 2)
2. court mandates certificate details for transparent assessment. (Para 3)

O R D E R Dated this the 16th day of January, 2026 This is a petition filed under Section 528 of the BNSS praying for giving a direction to the 3rd respondent to issue a Non-Involvement in Offences Certificate (NIOC) for the petitioner.

2. According to the learned counsel, at first, the 3rd respondent rejected his application as per Annexure A. Subsequently, he received Annexure E communication stating that he is involved in crime No.814/2025 of Vallikunnam Police Station. Relying upon the decision of this Court in Abhirami Girish v. State of Kerala and Another (Crl.M.C. No.8310/2024 decided on 16.10.2024), the learned counsel would argue that merely because there is a case pending against the petitioner, the certificate cannot be denied and the option available to the 3rd respondent is to mention about the details of the case while issuing the certificate. In the above decision, in paragraphs 9 and

10 this court observed as follows:

“9. As found by this Court in Shibu K.R. ’s case (supra), Section 59 of the

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