Rageshkumar K.T vs Union Of India

P.V.Kunhikrishnan, J

This writ petition is filed with the following prayers:

“(i) issue a writ of mandamus or such other writ, direction or order directing the 5th respondent to issue Police Clearance Certificate immediately to the petitioner;

(ii) issue such other writ, direction or order as is deemed just and necessary in the facts and circumstances of the case.”

The petitioner was working as a mechanical supervisor at Musket. On 20-12-2021 the petitioner returned to India due to Corona pandemic. When the Corona is subsided, the petitioner got visa for going to Kuwait on 12-07.2022. The petitioner applied for a police clearance certificate to the Ministry of External Affairs on 12-08-2022. But the petitioner received a letter from the Regional Passport Office, Cochin stating that the office has received a report from the police referring his involvement in a criminal case which is pending as CC 842/2022 before the Judicial First Class Magistrate Court -I, Kochi. The case of the petitioner is that this Court as per Ext.P5 judgment quashed all proceedings in CC 842/2022. Therefore, it is submitted that no criminal case is pending. The visa of the petitioner is going to expire on 24.10.2022. Hence this writ petition is filed.

Heard the learned counsel for the petitioner and DSGI for respondents 1 and 5 and I also heard the learned Government Pleader who appeared for respondents 2 to 4.

The learned counsel for the petitioner reiterated his contentions in this writ petition. The DSGI submitted that if the petitioner produce a copy of Ext.P5 judgment, the authorities will do the needful in accordance with law.

After hearing both sides, I think the writ petition itself can be disposed of with appropriate directions. If the only reason for not issuing the police clearance certificate is the pendency of CC 842/2022, in the light of Ext.P5 judgment, the petitioner is entitled for police clearance certificate.

Therefore this writ petition is disposed of with the following directions:

The petitioner is free to produce a copy of Ext.P5 judgment along with certified copy of this writ petition before the 5th respondent tomorrow itself (20.10.2022).

If such documents are received as directed above, the 5th respondent will consider the same and if the only reason for not denying the police clearance certificate is the pendency of CC 842/2022 before JFCM-I, Kochi, the 5th respondent will issue the police clearance certificate forthwith at any rate before 23.10.2022.