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2026 Supreme(Online)(Ker) 28886

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
ABDUL FAHAD R – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 16011 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.T.V.GEORGE, SMT.LINDA GEORGE, SMT.KRISHNA S., SHRI.VINOD PETER
For the Respondents: GP SRI.B.S.SYAMANTHAK

Post-quashing of FIR, authorities must reconsider and issue NIOC without delay.

Headnote:The petitioner sought a non-involvement in offences certificate (NIOC) after a prior criminal case (Crime No.377/2019) was quashed by court order (Ex P1 dated 22.01.2021). The application (Ex P9) was rejected (Ex P10) on grounds of involvement in the quashed crime. Court found the rejection illegal as the crime stood quashed, entitling petitioner to reconsideration. Issue framed: Whether rejection of NIOC valid post-quashing of FIR. Ratio: Once crime quashed, no basis remains for denying NIOC; authorities must reconsider applications in light of such orders without delay. Ext P10 quashed; directed 2nd respondent to reconsider Ex P9 in light of Ex P1 within one week.

Table of Content
1. reliefs sought including quashing rejection of nioc (Para 1 , 2)

JUDGMENT

The writ petition is filed for the following reliefs:

i) Call for the entire records relating to the above case;

ii) Issue a writ of certiorari or any other appropriate writ, direction or order to quash Ex P10 – rejection order passed by the 2nd respondent as it is wrong, illegal and malafide;

iii) Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to issue NIOC to the petitioner as he is not involved in any criminal offence and the false implication of petitioner is quashed by Ex P1 judgment;

iv) Issue a writ of mandamus or any other appropriate writ, direction or order commanding the respondents to re-consider the petitioner’s application for issuance of NIOC , considering the fact that his implication in crime no: 377/’19 was quashed by this Hon’ble court by Ex P1 judgment as he is not involved in any criminal case , as of now ;

v) Petitioner also prays that this Hon’ble court may be pleased to dispense with the translation of the documents produced in the vernacular language;

vi) Grand such other and further reliefs which this Hon’ble Court feels just and proper to grant in the circumstances of the above case.

2. The petitioner submits that he has filed Ext.P9 request for a ‘non-involvement in offences certificate’. The same stands rejected by Ext.P10 order on holding condition that the petitioner is involved in Crime No.377/2019. 3. This Court, by Ext.P1 order, has quashed the aforesaid crime as early as on 22.01.2021. The petitioner seeks only a limited relief of reconsidering Ext.P9 request in the light of Ext.P1 order.

Accordingly, Ext.P10 is quashed. There will be direction to the 2nd respondent to take up Ext.P9 request and pass fresh orders on the same in the light of Ext.P1 order within one week from the date of receipt of a copy of this judgment.

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