W.P(C).No.437/2021-D 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
WP(C).No.437 OF 2021(D)
PETITIONER:
NAVEENRAJ
AGED 21 YEARS
S/O. NAVITHA BHAVAN, THANNIVILLA, VEDIVACHANCOIL,
NEYYATTINKARA TALUK, TRIVANDRUM 695 501.
BY ADV. SRI.M.R.SARIN
RESPONDENTS:
1 DIRECTOR GENERAL OF POLICE
POLICE HEADQUARTERS TRIVANDRUM, PIN 695 010.
2 THE SUPERINTENDENT OF POLICE (RURAL),
OFFICE OF SUPERINTENDENT OF POLICE UNIVERSITY OF
KERALA SENATE CAMPUS, PALAYAM, TRIVANDRUM 695 033.
3 THE STATION HOUSE OFFICER,
NARUVAMOODU, POLICE STATION,
TRIVANDRUM DISTRICT 695 528.
SMT.VINITHA.B, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).No.437/2021-D 2
P.V.ASHA, J.
-----------------------------------------------------
W.P(c) No.437 of 2021 - D
----------------------------------------------------
Dated this the 7th day of January, 2020
JUDGMENT
The petitioner, who aspires recruitment in Army, is aggrieved by the denial of Police Clearance Certificate by the 2nd respondent. At the same time, it is submitted that he is an accused in Crime No.1384 of 2020 of Naruvamoodu Police Station for offences under Section 447, 323 and 294(b) of IPC.
2. Heard the learned Government Pleader, who submitted that as long as a crime is pending against the petitioner, no clearance certificate can be issued to him by the Police.
3. However, as the petitioner has submitted Ext.P3 representation, there shall be a direction to the 2 nd respondent to issue a certificate to him, wherein reference can be made about the crime pending against him. This shall be done within a period of three days.
The Writ Petition is disposed of accordingly.
Sd/- (P.V.ASHA, JUDGE)
rtr/
W.P(C).No.437/2021-D 3
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE FIR IN CRIME NO.
1384/2020 OF THE NARUVAMOODU POLICE STATION.
EXHIBIT P2 THE TRUE COPY OF THE APPLICATION FILED BEFORE THE 1ST RESPONDENT BY THE PETITIONER ON 22.12.2020.
EXHIBIT P3 THE TRUE COPY OF THE APPLICATION FILED BEFORE THE 2ND RESPONDENT BY THE PETITIONER ON 22.12.2020.