Kerala High Court
Anjunath vs State Of Kerala on 23 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
WP(C) NO. 15580 OF 2024
PETITIONER:
ANJUNATH,
AGED 28 YEARS, S/O. SASIDHARAN NAIR,
SOUPARNIKA, VARENICKAL, THEKKEKARA P.O,
ALAPUZHA DISTRICT, KEARALA, PIN - 690107.
BY ADVS.
ALEXANDER GEORGE
THARA BOSE
ATHIRA RAMESH
LITA CHANDRAN.S
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRATARY,
HOME DEPARTMENT, SECRETARIAT,
THIRUVANANDHAPURAM, PIN - 695001.
2 THE DISTRICT POLICE CHIEF (RURAL),
DISTRICT POLICE OFFICE,
ALAPUZHA - 688012.
3 SUB INSPECTOR OF POLICE,
MAVELIKARA POLICE STATION,
ALAPUZHA DISTRICT, PIN - 690101.
4 REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE,
PANAMPALLY NAGAR P.O,
COCHIN, PIN - 682036.
BY ADVS.
SRI. AJITH VISWANATHAN, GOVERNMENT PLEADER
T C KRISHNA, CENTRAL GOVERNMENT COUNSEL
W.P.(C)No.15580 of 2024
:2:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.15580 of 2024
:3:
JUDGMENT
Dated this the 23rd day of April, 2024 The petitioner is the 4th accused in C.C. No.563 of 2017 pending before the Judicial First Class Magistrate Court No.1, Mavelikara alleging offence punishable under Sections 323, 324 and 506 read with 34 of Indian Penal Code. The above case is based on Crime No.1344 of 2017 of Mavelikara Police Station. There is no specific allegation against the petitioner in the crime, contends the petitioner.
2. The petitioner obtained Passport bearing No.R3527777 on 28.08.2017. At the time of applying for Police Clearance Certificate, the petitioner had no idea about the criminal case pending against him. He has not received any notice from the police or any Court. Hence, he could not intimate the same before the Passport Authority or Police Department at the time filing application for Police Clearance W.P.(C)No.15580 of 2024 :4: Certificate. When the petitioner came to know about the criminal case, he appeared before the Judicial First Class Magistrate Court No.1, Mavelikara and obtained bail on 04.03.2024.
3. Now, the petitioner has secured a job in Kuwait. Immediately he filed CMP No.984 of 2024 before the Judicial First Class Magistrate Court No.1, Mavelikara under Section 205 of Cr.P.C for exempting him from personally appearing before the court below. After hearing both sides, the trial court allowed the petition and the petitioner is exempted from the personal appearance before the court below.
4. Immediately after the receipt of Ext.P3 order, the 4th respondent issued a notice dated 26.03.2024 to the petitioner for a clarification regarding the Passport issued to the petitioner on 28.08.2017.
5. The petitioner filed an explanation to the 4 th respondent on 08.04.2024. The petitioner stated that he has W.P.(C)No.15580 of 2024 :5: no idea about the criminal case pending and he has not received any notice from the Court or Police. He has not purposely suppressed the material fact in the Passport application. In the absence of Police Clearance Certificate, it will be impossible for the petitioner to obtain a Passport or to complete Visa formalities as required and in the absence of Visa clearance, the petitioner will not be permitted to travel abroad.
6. On 23.07.2019, the 4th respondent issued Ext.P1 Police Clearance Certificate and it is stated that there is no adverse information against the petitioner. At that time, the petitioner had no idea about the criminal case. The petitioner has not purposely or intentionally suppressed the material facts before the authority for obtaining his Passport. The petitioner therefore seeks to direct the 4 th respondent to accept the explanation filed by the petitioner and close further proceedings in Ext.P3 notice against the petitioner. W.P.(C)No.15580 of 2024 :6:
7. Since the presence of the accused is not necessary to conduct the trial in the case, there is no legal impediment in permitting the petitioner to go abroad. In fact, there is no allegations against the petitioner in the case. Moreover that the criminal case has been settled between the parties. Due to the pendency of the crime, the petitioner cannot go abroad and obtain any job. That is illegal and against the principles of natural justice. Therefore, this Court may allow the petitioner to go to abroad for a period of two years, contends the Counsel for the petitioner.
8. Counsel for the petitioner submitted that in view of the judgment of this Court in Siju v. Regional Passport Officer [2021 SCC Online Kerala 9667], the petitioner is entitled to get a Police Clearance Certificate even though a crime is pending against the petitioner.
9. Deputy Solicitor General of India submitted that taking into consideration the judgment of this Court in Siju v. W.P.(C)No.15580 of 2024 :7: Regional Passport Officer (supra), the petitioner's application for Police Clearance Certificate can be considered and the petitioner can be issued with a customised Police Clearance Certificate incorporating the particulars of the criminal case pending against the petitioner, if all other parameters are satisfied.
Taking into consideration the law laid down by this Court in Siju v. Regional Passport Officer (supra), the writ petition is disposed of directing the 2 nd respondent-Regional Passport Officer to process the application for issuance of Police Clearance Certificate and conclude the proceedings taking note of the judgment of this Court in Siju v. Regional Passport Officer (supra) and take appropriate decision thereon, within a period of three weeks.
Sd/-
N. NAGARESH JUDGE ams W.P.(C)No.15580 of 2024 :8: APPENDIX OF WP(C) 15580/2024 PETITIONER'S EXHIBITS Exhibit.P1 THE PASSPORT AUTHORITY ISSUED POLICE CLEARANCE CERTIFICATE TO THE PETITIONER ON 23/7/2019. THE TRUE COPY OF THE POLICE CLEARANCE CERTIFICATE ISSUED BY THE PASSPORT AUTHORITY DATED 23.7.2019.
Exhibit P2 THE TRUE COPY OF THE ORDER PASSED BY THE HON'BLE MAGISTRATE COURT NO.1 MAVELAIKARA IN CMP NO.984/2024 IN CC NO.563/2017 DATED 25.3.2024.
Exhibit P3 THE TRUE COPY OF THE NOTICE DATED 26.3.2024 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER.
Exhibit P4 THE TRUE COPY OF THE EXPLANATION FILED BY THE PETITIONER BEFORE THE FOURTH RESPONDENT DATED 8.4.2024.
Exhibit P5 THE TRUE COPY OF THE JUDGMENT IN W.P C NO.26718/2019 DATED 9.10.2019 OF HON'BLE HIGH COURT OF KERALA.
Exhibit P6 TRUE COPY OF THE ORDER PASSED IN CRL.
APPLICATION NO.446/2010 OF GUJRATH HIGH COURT DATED 30.3.2010.
Exhibit P7 THE TRUE COPY OF THE ORDER PASSED IN
CRIMINAL APPLICATION (DIRECTION)
NO.2406/2014 DATED 4/7/2014.