Abdul Sharukh vs State Of Kerala

Murali Purushothaman, J

The petitioner is the holder of an Indian passport bearing No.580730, which has validity till 29.02.2025. The petitioner submits that he got employment in the State of Kuwait and the person visiting the said State is required to obtain Police Clearance Certificate (PCC). According to the petitioner, he is arrayed as an accused in C.C.No.46/2020 on the files of the Judicial First Class Magistrate Court-IV, Kozhikode. By Ext.P4 order, issued under Section 205 of Cr.P.C 1973, the personal appearance of the petitioner before the said court is dispensed with during trial. By Ext.P6, the Judicial First Class Magistrate Court-IV, Kozhikode, taking note of the fact that the trial may not be concluded within at least 2 years has granted no objection to issue a travel document to the petitioner.

The petitioner applied for PCC before the respondent for the purpose of travel to State of Kuwait for taking up the employment. However, the respondent refused to issue PCC to the petitioner stating that the petitioner has to obtain orders from the court that the court has no objection to issue PCC to the petitioner. Therefore, the writ petition is filed for a direction to the respondent to consider Ext.P3 application of the petitioner for issuance PCC and to declare that the non-issuance of PCC to the petitioner is illegal and unjust.

Heard the learned Counsel for the petitioner and Smt.S.Krishna, learned CGSC for the respondent.

It is submitted by Smt.S.Krishna that the petitioner has not revealed that he was an accused in a criminal case at the time of making an application for passport.

The learned Counsel for the petitioner submits that at the time of making an application for passport, the petitioner was not an accused in the criminal case.

This court in Exts.P7 and P8 judgments has held that, if criminal case is pending before any court, in respect of a person who makes an application for issuance of passport, PCC can be issued after recording that there is a criminal case pending against the applicant and that the criminal court has permitted the applicant to go abroad to pursue his employment. It is an admitted fact that a criminal case is pending against the petitioner. However, by Ext.P6, the court before which the criminal case is pending has given no objection certificate to the petitioner to travel abroad.

Smt.S.Krishan submits that the petitioner has to make fresh application for short validity passport, in view of the pendency of the criminal case.

The learned Counsel for the petitioner submits that the petitioner shall submit application for short validity passport within one week.

Accordingly, there will be a direction to the respondent to take a decision on the application for short validity passport and PCC within a period of two weeks from the date on which the petitioner submits the application for short validity passport and the PCC.

The  writ  petition  is  disposed  of  with  the  above directions.