NIRMAL RAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) It is conceded by both sides that the forensic issues impelled in this case are covered by the judgment of this Court in W.P. (C)No.33960/2023.

(2.) Sri.M.R.Sarin - learned counsel for the petitioner, conceded that his client has been implicated in Ext.P5 FIR, but that, as evident therefrom, the charges are ones that did not attract any moral turpitude; and that, in any event, he was not involved in any such offence as has been alleged against him. He added that this is manifest from Ext.P6 order of this Court, whereby, the petitioner was enlarged on bail. He, therefore, prayed that 3rd respondent be directed to consider Ext.P1 representation of his client, within a time frame to be fixed by this Court.

(3.) Sri.Sunil Kumar Kuriakose - learned Government Pleader, submitted that, as this Court has already declared in Navya Nalan v. District Police Chief & Another [W.P(C)No.33960 of 2023], only a Non Involvement in Offences Certificate ('NIOC') can be issued by the competent Authority and not a Police Clearance Certificate ('PCC'); and hence that if the petitioner requires the same, it can be issued, however, indicating that he had involved in the Crime as reflected in Ext.P5. He submitted that, beyond this, the Authority cannot accede to any of the reliefs sought for by the petitioner.