THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY
WRIT PETITION NO.28108 OF 2023
ORDER:
The writ petition is filed seeking following relief: "......to pass an order, direction or writ more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent Nos. 3 and 4 in not issuing Police Clearance Certificate to obtain Visa from United Kingdom Consulate in pursuant to his application vide File No. HY4069910816917 dated 26.09.2023 to enable the Petitioner to travel aboard in pursuance of his Employment under Passport No P7382001 as illegal arbitrary and violative of Article 21 of the constitution of India and consequently direct the Respondent Nos. 2 and 3 to issue Police Clearance Certificate in the interest of justice......"
2. Heard the learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for the respondents.
3. The case of the petitioner is that he has been holding passport vide No.P7382001, which is valid up to 29.01.2027. It is the further case of the petitioner that he made a representation, vide File No.HY4069910816917, dated 26.09.2023 on the file of respondent Nos.3 and 4 for issuing Police Clearance Certificate, which is required to obtain Visa to United Kingdom as the Visa authorities of United Kingdom are insisting for Police Clearance Certificate. It is 2 the further case of the petitioner that the respondent-police have refused to issue the said certificate on the ground that the petitioner was arrayed as accused No.2 in CC No.497 of 2022 registered for the offences punishable under Sections 304(A), 338, 337 of IPC and Sections 180 and 182 of the Motor Vehicles Act on the file of the Judicial First Class Magistrate, Medak. It is the further case of the petitioner that he is only a lease holder of the suspected crime vehicle and has no role in the alleged accident.
4. Learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4, on instructions, would submit that the petitioner was arrayed as accused No.2 in CC No.497 of 2022 on the file of the Judicial First Class Magistrate, Medak. In view of the petitioner facing prosecution as accused, the respondent-police have refused to issue Police Clearance Certificate and during the pendency of the said case, the Police Clearance Certificate permitting the petitioner to go abroad or for obtaining Visa cannot be issued.
5. This Court does not find any substance in the contention of the respondents about the criminal case i.e. CC No.497 of 2022 which is pending against the petitioner since 2022 and there is no merit in 3 the contention of the respondents and justification on the part of the respondent-police in not issuing Police Clearance Certificate on the ground that the case is pending against the petitioner. The Kerala High Court in the case of Dr.Shahul Hameed v. Regional Passport Officer 1 while deciding the similar issue held that the petitioner therein is entitled for issuance of the Police Clearance Certificate when there is no adverse information available to the police against him which make him ineligible for grant of Police Clearance Certificate.
6. In the instant case, when there is no adverse information available with the police against the petitioner which disentitled to have Police Clearance Certificate and when the Police Clearance Certificate is mandatory for applying Visa for UK consulate, there is absolutely no justification on the part of the respondent-police in not issuing Clearance Certificate to the petitioner.
7. In view of the above, this Writ Petition is allowed directing respondent Nos.3 and 4 to consider the request made by the petitioner for issuance of the Police Clearance Certificate if there is 1 Judgment dated 08.08.2016 in W.P.(C)No.25839 of 2016 (D) 4 no adverse information against the petitioner available with the police which disentitled him to have any such certificate within a period of two (2) weeks from the date of receipt of a copy of this order. No order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
________________________ C.V. BHASKAR REDDY, J Date: 09.10.2023 SUS