Classification Of Writ Petition As Civil Or Criminal Depends On The Nature Of The Proceedings And The Relief Sought: Kerala HC

The Kerala High Court has held that the classification of a writ petition as civil or criminal depends on the nature of the proceedings and the relief sought.

The  Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu emphasized that writ petitions arising from legal proceedings that could lead to penalties such as death, imprisonment, fines, or forfeiture of property must be categorized as "criminal writ petitions" (WP (Crl)).

The Court further clarified that petitions related to maintaining public order, preventing breaches of peace, or addressing vagrancy would also fall under the category of criminal writ petitions. Additionally, any writ petition under Articles 226 or 227 of the Constitution concerning an investigation, inquiry, or trial—whether under a special or general law—should be classified as 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.). Additionally, criminal writ petitions 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," the Bench said. 

The Bench made the observations while hearing a writ appeal challenging a single-judge's dismissal of a writ petition (civil) that sought police action on a complaint.

The Division Bench noted that appeals from orders in criminal writ petitions must be listed before a different bench, prompting the need to determine whether the appeal itself was civil or criminal in nature.

Referring to past administrative practices and judicial precedents, the Court observed that since April 2013, the Kerala High Court Registry has designated writ petitions related to criminal matters as "WP (Crl)" and civil matters as "WP (C)." This classification follows the directives from the Chief Justices' Conference of 1997 and a subsequent notification in September 2021.

While acknowledging that the High Court of Kerala Rules, 1971, do not explicitly distinguish between civil and criminal writ petitions, the Court relied on precedents from the Bombay and Allahabad High Courts to clarify the categorization. Given the nature of the case before it, the Court directed that the matter be placed before the appropriate bench handling appeals arising from criminal writ petitions.

Cause Title: N. Prakash v. Manoj Kumar & Ors. [WA NO. 1803 OF 2024]

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