Sunkara Krishna Chaitanya vs The Union Of India
2022 Latest Caselaw 7083 AP

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                                                                     CMR, J.

W.P.Nos.28268 & 29869 of 2022

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

Writ Petition Nos.28268 and 29869 of 2022

COMMON ORDER:

In these two Writ Petitions the petitioners questioned the

action of the respondent police officials in not issuing clearance

certificates to enable them to travel abroad.

2) Heard learned counsel for the petitioners and learned

Assistant Government Pleader for Home appearing for the

respondents 1, 3 and 4 in W.P.No.28268 of 2022 and for the

respondents 1, 4 and 5 in W.P.No.29869 of 2022 and Sri N.

Harinath, learned Deputy Solicitor General, appearing for the

respondent No.2 in W.P.No.28268 of 2022 and for the respondents

3) Two separate cases were registered against the petitioners

in C.C.No.211 of 2022 on the file of the Additional Judicial

Magistrate of First Class, Kavali, for the offences punishable under

Sections 323, 324, 326 r/w.34 of IPC; and in Crime No.341 of

2017 of Nandigama Police Station for the offences punishable

under Section 498-A of IPC and Sections 3 and 4 of the Dowry

Prohibition Act, 1961. The said cases are now pending trial and

investigation respectively. Whileso, the petitioners, who intend to

CMR, J.

W.P.Nos.28268 & 29869 of 2022

travel abroad have made a request to the respondent police

officials for issuance of clearance certificate for the purpose of

obtaining VISA. The said request was rejected on the ground that

police are not under legal obligation to issue any such clearance

certificates.

4) Therefore, aggrieved by the same, the petitioners are before

this Court by way of filing the instant Writ Petitions seeking

direction to the respondent police officials to issue clearance

certificates required for the purpose of obtaining VISAs.

5) The issue is squarely covered by the earlier order passed by

this Court in W.P.No.19480 of 2022, dated 04.08.2022. It is

contended before this Court in the said Writ Petition by the

learned Deputy Solicitor General that the service of issuing a

police clearance certificate is voluntary service being rendered for

the benefit of Indian citizens and there is no legal duty cast on the

police by virtue of any provision of law or judgment of the Court to

issue such police clearance certificate. Therefore, it is contended

that writ of mandamus cannot lie as there is no legal duty cast on

the police officials for issuance of clearance certificate.

6) Rejecting the said contention, this Court held that hitherto

the said clearance certificates are being issued to citizens staying

CMR, J.

W.P.Nos.28268 & 29869 of 2022

abroad and as such, the respondents cannot take any such stand

that since it is a voluntary service that no direction can be given

to issue any such clearance certificate and thereby disposed of the

said Writ Petition directing the respondents therein to issue police

clearance certificate after recording all the cases filed against the

petitioner therein.

7) Therefore, in view of the aforesaid earlier order of this Court,

these two Writ Petitions are disposed of with a direction to

respondents 3 and 4 in W.P.No.28268 of 2022 and respondents 4

and 5 in W.P.No.29869 of 2022 to issue police clearance

certificates to the petitioners by recording the cases that are

pending against them within two weeks from the date of this

order. No costs.

The miscellaneous petitions pending, if any, shall also stand

closed.

________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date:15.09.2022.

Note:

Issue C.C. by tomorrow.

B/O cs