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Judgment
7 paragraphs · 269 wordsJagmohan Bansal, J
The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking direction to respondents to issue Police Clearance Certificate (‘PCC’).
As per petitioner, he is resident of District Hoshiarpur, Punjab and holding valid passport. He was implicated in FIR No.7 dated 15.02.2025 under Sections 329(3) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 registered at Police Station Mahilpur District Hoshiarpur. He joined investigation. During the pendency of aforesaid FIR, the respondent issued Police Clearance Certificate on 16.09.2025, however, arbitrarily refused to issue when he applied afresh for updated PCC for immigration purposes. He has valid Visa of Slovak Republic for the period from 27.10.2025 to 23.02.2026. Non-issuance of PCC would frustrate object of Visa and cause him irreparable loss. The petitioner needs temporary VISA for 6 months to stay in Slovak Republic. He is bound to come back to India after 6 months.
He would be able to return to India, if gets PCC. The petitioner would join investigation as and when he comes to India.
On being confronted with aforesaid factual position, learned State counsel concedes that petitioner is implicated in a bailable offence. He, however, submits that petitioner may be directed to join investigation as and when he comes to India.
In the wake of statement of both sides, the petition stands disposed of with a direction to respondents to consider petitioner’s application for Police Clearance Certificate. The needful shall be done within 2 weeks from today.
It is made clear that petitioner shall be bound to join investigation the moment he comes to India.