Kerala High Court Clarifies Scope & Application of Criminal Writ Petitions

The Kerala High Court ruled that writ petitions leading to potential punishment such as imprisonment, fines, or property forfeiture must be classified as Writ Petitions (Criminal) [W.P.(Crl.)].

The court emphasized that matters related to law enforcement, public order, and breaches of peace should also fall under this category.

The court highlighted that mere nomenclature does not determine a petition’s nature—a petition must be categorized based on its substance and legal consequences.

Since the appellant's complaint, if upheld, could lead to criminal prosecution and punishment for trespass, it was wrongly filed as a civil writ petition and should be reclassified as criminal.