Kerala High Court Issues Notice to Former DGP Tomin J. Thachankary Over Alleged Use of Official Insignia on Private Vehicle
Court Examines Challenge to Dismissal of Complaint Alleging Retired Police Chief Continued Displaying Official ‘Silver Star’ DGP Emblem
The Kerala High Court has issued notice to former Director General of Police (DGP) Tomin J. Thachankary on a criminal revision petition alleging that he continued using the official DGP insignia, popularly known as the “Silver Star” number plate, on his private vehicle even after retiring from service. The Court has also sought instructions from the State Government before proceeding further with the matter.
Justice G. Girish issued the notice while hearing a petition challenging an order of the Judicial First Class Magistrate, Thamarassery, which had dismissed a private complaint at the pre-cognizance stage. The petitioner contends that the Magistrate failed to properly examine whether the allegations disclosed cognizable offences warranting further proceedings.
According to the petition, Thachankary, who retired as Kerala’s DGP on July 31, 2023, allegedly continued displaying the official DGP insignia on his personal vehicle. The petitioner claims that the insignia is reserved exclusively for the serving Director General of Police and that its continued use after retirement could create the impression that the retired officer still holds the office.
The complaint refers to an incident on April 22, 2026, when the retired police chief was allegedly seen arriving at the Vigilance Court in Kottayam in his private vehicle bearing the official insignia. According to the petitioner, the display enabled him to project himself as a serving police officer and enjoy the respect and privileges associated with the office.
The petitioner has alleged that such conduct constitutes offences of personation and cheating under Sections 204 and 319(2) of the Bharatiya Nyaya Sanhita (BNS), 2023. It was further claimed that despite complaints being submitted to the local police and the Kozhikode District Police Chief, no FIR was registered, compelling the complainant to initiate a private complaint before the Magistrate.
The Magistrate, however, dismissed the complaint, holding that the allegations did not prima facie disclose the ingredients of the offences invoked. The court observed that mere display of the official insignia, without any allegation that the retired officer exercised or attempted to exercise official powers, would not by itself amount to personation. It also found no material suggesting dishonest inducement or wrongful gain necessary to constitute cheating by personation.
Aggrieved by that decision, the petitioner approached the High Court, arguing that the Magistrate had mechanically rejected the complaint without adequately considering whether an investigation should have been directed. The revision petition seeks restoration of the complaint and fresh consideration in accordance with law.
The High Court has not expressed any opinion on the merits of the allegations at this stage. By issuing notice, the Court has merely initiated judicial scrutiny of the Magistrate’s order and afforded the respondents an opportunity to present their case before deciding whether the complaint deserves to be revived.
The outcome of the proceedings could have broader implications for the use of official insignia, emblems and symbols by retired public officials. The case is expected to clarify the legal limits governing continued display of official identifiers after retirement and the circumstances in which such conduct may attract criminal liability under the Bharatiya Nyaya Sanhita.
