Nisha vs State Of Kerala

Kerala High Court

Nisha vs State Of Kerala on 23 May, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
         THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                         WP(C) NO. 18609 OF 2024
PETITIONER:

              NISHA
              AGED 23 YEARS
              W/O VIJILAL ,NATTAKKATU HOUSE,
              VALLIKUNNAM ,ALAPPUZHA, PIN - 690501

              BY ADV M.R.SASITH


RESPONDENTS:

     1        STATE OF KERALA
              MAIN BLOCK GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
              REPRESENTED BY ITS SECRETARY, PIN - 695001
     2        THE DEPUTY SUPERINTENDENT OF POLICE
              CHENGANNUR, PIN - 691572
     3        THE STATION HOUSE OFFICER
              VALLIKUNNAM POLICE STATION,
              VALLIKUNNAM , ALAPPUZHA, PIN - 690501
     4        REGIONAL PASSPORT OFFICER
              REGIONAL PASSPORT OFFICE ,
              PANAMPLLIY NAGAR P O , KOCHI,
              PIN - 682036

              SRI.T.C.KRISHNA -CGC
              SRI.S.GOPINATHAN-SR.GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.18609 Of 2024
                                2




                          JUDGMENT

Dated this the 23rd day of May, 2024 The petitioner is aggrieved by the action of the respondents 2 and 3 in refusing to consider the application of the petitioner for Police Clearance Certificate.

2. The petitioner states that for the purpose of going to Kuwait for employment, she requires a Police Clearance Certificate from the Passport Officer. When the petitioner approached the 3rd respondent by filing a representation letter for issuance of Police Clearance Certificate, there was no response from the 3rd respondent. Thereafter, the petitioner approached the 2nd respondent by filing a representation letter.

3. The petitioner submits that he was never convicted in any crime. If respondents 2 and 3 are not issuing Police Clearance Certificate, the petitioner will lose WP(C) No.18609 Of 2024 3 her job. The petitioner has to join her job on or before 30.05.2024.

4. The petitioner is an accused in C.C No.1692/2020 pending before the Judicial First Class Magistrate Court Kayamkulam alleging offence under Sections 143, 144, 147 and 427 read with Section 149 of IPC. Counsel for the petitioner submitted that in view of the judgment of this Court in Siju v. Regional Passport Officer [2021 SCC Online Ker 9667], the petitioner is entitled to get a Police Clearance Certificate even though a crime is pending against the petitioner.

5. Deputy Solicitor General of India submitted that taking into consideration the judgment of this Court in Siju v. 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 WP(C) No.18609 Of 2024 4 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 4th 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 hmh WP(C) No.18609 Of 2024 5 APPENDIX OF WP(C) 18609/2024 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 30/4/2024 Exhibit-P2 TRUE COPY OF ORDER IN C.M,P NO 1376/2024 IN CC NO 1692/2020 PASSED BY E JUDICIAL FIRST CLASS MAGISTRATE COURT ,KAYAMKULAM