Writ petitions must be classified as criminal or civil based on substance, not nomenclature: Kerala High Court

The Kerala High Court recently held that the classification of a writ petition as civil or criminal would depend on the nature of the proceedings and the relief sought [N Prakash v Manoj Kumar & ors].The Division Bench of Chief Justice Nitin Jamdar and Justice S Manu, while explaining the types of petitions, said that when a legal proceeding in a writ petition could lead to a sentence of death, imprisonment, a fine or forfeiture of property, it would be a 'criminal writ petition'."Broadly stated, if a writ petition or application under Articles 226 and/or 227 of the Constitution of India concerns a legal proceeding that could ultimately lead to a sentence of death, imprisonment, a fine, or the forfeiture of property, it would be a "criminal writ petition"- W.P.(Crl.)," the Bench said..Additionally, the Court said criminal writ petitions would also include those that arise from orders related to maintaining peace and order, preventing breaches of peace, or addressing vagrancy."Furthermore, any writ petition or application under Article 226 or 227 connected to the investigation, inquiry, or trial of offences, whether under a special or general law, would also be considered a criminal writ petition," it added.The Court nevertheless acknowledged that the list cannot be exhaustive of criteria and that there can be overlap..The Court was hearing a writ appeal challenging a single-judge's dismissal of a writ petition (civil) seeking police action on a complaint.The single-judge had dismissed the petition declining to issue any directions for holding the enquiry and investigation into the complaint. The single-judge had also held that the registration of FIR can be sought as per law. When the petitioner filed appeal against the same, the Division Bench opined that appeals from orders passed in criminal writ petitions are to be listed before another Bench.The question then arose whether the petition writ petition (appeal) is a criminal or civil writ petition..In addressing this issue, the Court highlighted the historical background and administrative practices related to the classification of writ petitions.The Court noted that the registry in April 2013 adopted the use of 'WP(Crl)' for criminal writ petitions and 'WP(C)' for civil writ petitions.This categorization was a result of the Chief Justices' Conference, 1997 and subsequent notifications, including one issued in September 2021, which explicitly directed that petitions related to criminal proceedings should be numbered as 'WP (Crl)'.The registry also informed the Court that the single-judge writ petitions go to two single-judges and the writ appeals arising from order/judgment in writ petition (criminal) are placed before two Division Benches. It was also submitted that the writ petitions (criminal) for Habeas Corpus are placed directly before the Division Bench.However, the Court found that the Rules of the High Court of Kerala 1971 itself do not make any specific distinction between civil writ petitions and criminal writ petitions..In this backdrop, the Court referred to various precedents, including decisions of the Bombay and Allahabad High Courts, that explored the distinction between civil and criminal proceedings."An identical position has arisen in other High Courts as well, and the view taken by these High Courts following the decision of the Hon'ble Supreme Court will guide us to make a distinction and to ascertain whether the present petition should be treated as a criminal writ petition."Considering the exhaustive judgements of other High Courts on the issue, the Kerala High Court also stressed on proper distinction between categorization of civil and criminal cases. .In the present case, the Court directed that the matter be placed before the appropriate bench handling appeals from orders/judgments passed in criminal writ petitions. .The appellant, N Prakash, appeared in person. Special Government Pleader P Narayanan appeared for State..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.