Andhra Pradesh High Court - Amravati
Pasagadula Sai Kiran vs The Union Of India on 4 August, 2022
Bench: R Raghunandan Rao
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.19480 of 2022
ORDER:
The petitioner is working in Angola, on the basis of his
passport bearing No.S8561544, which is valid up to 28.06.2028.
The petitioner requires a police clearance certificate, for getting
his VISA, in Angola, renewed. On account of this requirement,
the petitioner filed an application on 25.05.2022 before the 2 nd
respondent, who is the Regional Passport Officer,
Visakhapatnam. As the said police clearance certificate is not
being given, the petitioner has approached this Court, by way of
the present writ petition complaining that the inaction of the 2nd
respondent is high handed, arbitrary and violative of Articles 14,
19 and 21 of the Constitution of India.
2. The petitioner also submits that his wife had already
filed a criminal complaint against him, which was registered as
Crime No.337 in P.S.Palem Police Station, Visakhapatnam
under Sections 498-A, 323, 506 of I.P.C read with Section 3 of
the Dowry Prohibition Act. The petitioner contends that the
police clearance certificate can always be issued by
incorporating the details of the above crime. Non furnishing of
such a clearance certificate would result in the authorities in
Angola not renewing his VISA and he would consequently lose
his employment in Angola.
3. The learned Government Pleader for Home has
placed the written instructions received by him from the Station
House Officer of P.S.Palem Police Station, Visakhapatnam dated
11.07.2022. In these written instructions, it is stated that the
complaint filed by the wife of the petitioner on 04.05.2022 is
under investigation and notices have been issued to all the
accused, including the petitioner herein, under Section 41-A of
Cr.P.C. It is further stated that the relief sought in this writ
petition is against the 2nd respondent and as such, there is
nothing further for the 3rd respondent to state before the Court.
4. The learned Assistant Solicitor General, appearing
for the 2nd respondent would submit that the service of issuing a
police clearance certificate is a voluntary service being given for
the benefit of Indian citizens and there is no underlying duty
cast on the 2nd respondent, by virtue of any provision of law or
Judgment of the Court, to issue such police clearance
certificates. He would further submit that a Writ of Mandamus
cannot lie against the 2nd respondent and there is no legal duty
cast on the 2nd respondent to undertake such activities. Further,
the 2nd respondent cannot give a clean chit to the petitioner and
would have to incorporate the details of the aforesaid crime in
any certificate that can be issued to the petitioner.
5. In view of the fact that the 2nd respondent has been
issuing such certificates to citizens staying abroad, the 2nd
respondent cannot take the stand that since it is a voluntary
service, there cannot be any direction to the 2nd respondent to
issue or not to issue such certificates.
6. In the circumstances, this writ petition is disposed
of directing the 2nd respondent to issue a police clearance
certificate after recording all the cases filed against the
petitioner which have come to the notice of the 2nd respondent.
This can be done only after the 3rd respondent has informed the
2nd respondent in writing about the case, which is pending
before the 3rd respondent.
7. Accordingly, the 3rd respondent is granted two weeks
time to forward all the details of the cases against the petitioner
available with the 3rd respondent. Upon receipt of such
information, the 2nd respondent, within four weeks thereafter,
shall issue a certificate as mentioned above. There shall be no
order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall
stand closed.
____________________________
R. RAGHUNANDAN RAO, J.
04.08.2022
RJS
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.19480 of 2022
04.08.2022
RJS
