Kerala High Court
Meempat Narayanankutty Nair vs Union Of India on 23 October, 2025
2025:KER:78892
W.P.(C) No.5348 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 23RD DAY OF OCTOBER 2025/1ST KARTHIKA, 1947
WP(C) NO. 5348 OF 2025
PETITIONER:
MEEMPAT NARAYANANKUTTY NAIR,
AGED 81 YEARS, S/O ACHUTHANKUTTY NAIR,
A184 PARK PLAZA, NEWYARI A,
OPPOSITE FISHERIES INSTITUTE, ANTHERI WEST,
MUMBAI, MAHARASHTRA, PIN-400064
BY ADVS.
SHRI.SIDHARTH O.
SHRI.SUSANTH SHAJI
SHRI.ALBIN A. JOSEPH
SMT.NEKHA VARGHESE
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY,
MINISTRY OF HOME AFFAIRS, NORTH BLOCK,
NEW DELHI, PIN-110001
2 STATE OF KERALA,
GOVERNMENT SECRETARIAT, STATUE,
THIRUVANANTHAPURAM, PIN-695001
3 NATIONAL CRIME RECORDS BUREAU,
NATIONAL HIGHWAY-8, MAHIPALPUR, NEW DELHI,
REPRESENTED BY ITS JOINT DIRECTOR,
PIN-110037
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W.P.(C) No.5348 of 2025
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4 KRISHNA KUMAR K V.,
AGED 64 YEARS, S/O VIKRAMANUNNI NAIR,
SREEDURGA, ALUKKAL, NARUKARA, MANJERI,
MALAPPURAM, KERALA, PIN-676122
5 THE REGIONAL TRANSPORT OFFICER, MALAPPURAM,
REGIONAL TRANSPORT OFFICER,
CIVIL STATION ROAD, UP HILL,
MALAPPURAM, KERALA, PIN-676505
6 STATION HOUSE OFFICER,
KONDOTTY POLICE STATION,
KONDOTTY, MALAPPURAM, KERALA, PIN-673638
SRI. C. DINESH, CGC
SMT. O.M. SHALINA, DSGI
SMT. SURYA BINOY, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.5348 of 2025
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MOHAMMED NIAS C.P., J.
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W.P.(C) No.5348 of 2025
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Dated this the 23rd day of October, 2025
JUDGMENT
The petitioner is the owner of the vehicle bearing
Registration No.MH-04/ED-1229, which was sold to the 4 th
respondent. A No Objection Certificate was issued by the Motor
Vehicles Department, Mumbai, in favour of the 4th respondent on
05.07.2021. However, the vehicle was subsequently brought to
Kerala, and on 12.09.2021, it met with an accident due to the rash
and negligent driving of the rider of the vehicle bearing
Registration No.KL-65/A-6312 at Kondotty.
2. Crime No.712/2021 was registered against the rider of
the offending vehicle, as seen from Ext.P3 FIR. Thereafter, the
accused was sentenced to remit an amount of Rs 1,000/- as fine, as
seen from Ext.P4 proceedings dated 26.10.2021 in S.T.No.650 of
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2021 on the files of the Judicial First Class Magistrate Court-I,
Malappuram.
3. After the repair of the vehicle, the 4 th respondent
initiated proceedings for changing the ownership of the said
vehicle, it was discovered that the vehicle was shown as "seized by
police in connection with FIR 712/2021 dated 18/09/2021 of
Kondotty Police Station, Malappuram" in the vehicle enquiry
report generated by the 3rd respondent, as seen from Ext.P5. Due
to the said entry, the 4th respondent could not transfer the vehicle
into his name. The petitioner accordingly preferred a
representation dated 04.12.2023 to the 3rd respondent, seeking to
remove the said remark from the records of the Crime Records
Bureau through Ext.P6 representation.
4. Alleging that no action is taken on the same, this writ
petition is filed directing the 3rd respondent to remove the seizure
remark from the vehicle records maintained by the National
Crime Records Bureau (NCRB) and also for a declaration that, after
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the conclusion of the criminal proceedings, the continued
presence of the seizure remark in the vehicle is illegal.
5. A statement has been filed on behalf of respondents 1
and 3, contending that the Police is a state subject and all crime
and criminal data, including those related to motor vehicles
involved in criminal cases, are entered and updated solely by the
concerned Police Station within the respective State and that the
NCRB does not directly make or alter any entries regarding the
status of any vehicle. It is also stated that the NCRB's role is
merely to facilitate access to the data already entered by the
concerned State Police, through its citizen-facing portal.
Therefore, any status shown in the Vehicle Enquiry Report is
purely a reflection of the data entered and updated in the Crime
and Criminal Tracking Network and Systems (CCTNS) by the
respective Police Station. It is further stated that if the vehicle in
question has already been released, a corresponding update in the
system must be carried out by the Police Station concerned and
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only upon such updation, the same will be reflected in the Vehicle
Enquiry Report or NOC. The petitioner or the 4th respondent may
therefore approach the Police Station concerned with the
necessary court records and sale documents to ensure proper
updation of the vehicle status in the CCTNS, which will
consequently reflect in the NCRB portal.
6. A statement has been filed by the 6 th respondent
wherein it is admitted that the accused had pleaded guilty and the
case was closed on his remitting fine on 26.10.2021. It is also
stated that the CCTNS portal was updated as to the filing of the
final report. In view of the disposal of the criminal case as seen
from Ext.P4, the same ought to have automatically reflected in the
CCTNS as per the entry in E-Courts. However, in the Inter-
Operable Criminal Justice System (ICJS) portal, the status of the
case is still shown as 'submitted before Court'. It is further stated
that entries or modifications of the data in ICJS cannot be done by
the police officers at the station level.
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7. Taking note of the stand taken by the NCRB and the
Station House Officer concerned, and noticing that the criminal
proceedings have culminated as seen from Ext.P4, there will be a
direction to the 3rd respondent to take such steps to remove the
seizure remark from the vehicle records maintained by them. This
shall be done within six weeks from today.
8. It is also declared that the continued presence of the
seizure remark after the culmination of the proceedings is illegal.
Based on this declaration, the 5th respondent shall entertain an
application, if necessary in physical form, for carrying out the
transfer of the vehicle, provided other statutory conditions are
satisfied. The presence of the remark shall not be a reason for not
considering the transfer application.
The Writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
bpr
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APPENDIX OF WP(C) 5348/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE REGISTRATION
CERTIFICATE OF THE VEHICLE BEARING
REGISTRATION NO. MHO4ED1229
Exhibit P2 TRUE COPY OF THE NO OBJECTION
CERTIFICATE DATED 05.07.2021 INFAVOUR
OF THE 4TH RESPONDENT ISSUED BY THE
MOTOR VEHICLE DEPARTMENT, MUMBAI (WEST)
Exhibit P3 TRUE COPY OF THE FIR CRIME NO.712/2021
DATED 18.09.2021 ON THE FILES OF
KONDOTTY POLICE STATION, MALAPPURAM
Exhibit P4 TRUE COPY OF THE PROCEEDINGS DATED
26.10.2021IN ST NO. 650/2021 ON THE
FILES OF HONOURABLE JUDICIAL FIRST
CLASS MAGISTRATE COURT-I, MALAPPURAM
Exhibit P5 TRUE COPY OF THE VEHICLE ENQUIRY REPORT
DATED 27.07.2024 ISSUED BY THE 3RD
RESPONDENT
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
04.12.2023 (SENT ON 05.12.2023)
SUBMITTED BY THE PETITIONER TO THE 3RD
RESPONDENT
