Andhra Pradesh High Court - Amravati
Basina Veera Venkata Suryanarayana vs The State Of Ap on 10 September, 2024
APHC010369472024 IN THE HIGH COURT OF ANDHRA
PRADESH AT AMARAVATI
[3368]
(Special Original Jurisdiction)
TUESDAY, THE TENTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI
WRIT PETITION NO: 18775/2024
Between:
Basina Veera Venkata Suryanarayana ...PETITIONER
AND
The State of AP and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. KOTA ARCHANA
Counsel for the Respondent(S):
1. GP FOR HOME
The Court made the following:
O R D E R:
This Writ Petition under Article 226 of the Constitution of
India is filed for the following relief:
" ... to issue the Police Clearance Certificate PCC by
considering the orders of this Hon'ble Court passed in WP
No.708 of 2021 and directions passed in relevant
Judgments by this Hon'ble Court The Respondents not
inclined to issue Police Clearance Certificate PCC is
arbitrary, illegal and violation of fundamental rights under
article 19 and 21 guaranteed by Indian Constitution and
such other order or orders as may be deemed fit and
proper in the circumstances of the case..."
2. Heard learned counsel representing Ms.Kota Archana,
learned counsel for the petitioner and Sri S.Sarath Kumar,
learned Assistant Government Pleader for Home.
3. Learned Assistant Government Pleader on instructions
would submit that the petitioner is involved in a case and it is
pending for trial and therefore 2nd respondent could not give
Police Clearance Certificate.
4. Undisputedly, the case is pending against the petitioner
vide C.C.No.737 of 2016 before the learned IV Additional Chief
Metropolitan Magistrate Court, Vijayawada.
5. It is pertinent to note down that earlier the police authorities
issued Police Clearance Certificate to the petitioner in the year
2021.
6. Therefore, considering the above facts, the stand of the 2nd
respondent that they cannot issue Police Clearance Certificate to
the accused is not correct.
7. In those circumstances, the writ petition is disposed of
directing the 2nd respondent to issue Police Clearance Certificate
after recording all the cases filed against the petitioner which
come to the notice of 2nd respondent.
8. Accordingly, the writ petition is disposed of directing the 2nd
respondent to issue Police Clearance Certificate by recording all
the cases filed against the petitioner which come to the notice of
2nd respondent, as expeditiously as possible preferably within a
period of two (02) weeks from the date of receipt of copy of this
order. There shall be no orders as to costs.
As a sequel thereto, the miscellaneous petitions, if any,
pending in this Writ Petition shall stand closed.
_______________________ ___
JUSTICE B.V.L.N. CHAKRAVARTHI
Note:
Issue CC by 11.09.2024
B/o
Pmk
THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI
WRIT PETITION NO: 18775 of 2024
Note:
Issue CC by 11.09.2024
B/o
Pmk
