Kerala High Court
Jomis George vs State Of Kerala on 13 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.M.BADAR
WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942
WP(C).No.26012 OF 2020(B)
PETITIONER:
JOMIS GEORGE
AGED 37 YEARS
S/O.GEORGE, CHAKKALACKAL HOUSE, OMBATHINGAL,
MATTATHUR P.O., THRISSUR DISTRICT, PIN-680 684.
BY ADVS.
SRI.S.JIJI
SMT.M.M.BABY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031.
2 STATION HOUSE OFFICER,
VELLIKULANGARA POLICE STATION, KODAKARA
VELLIKULANGARA ROAD, THRISSUR DISTRICT-680 699.
3 THE PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE, PANAMPALLY NAGAR POST,
ERNAKULAM, COCHIN-682 036.
R3 BY SHRI.P.VIJAYAKUMAR, ASG OF INDIA
SRI.RON BASTIN, GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.26012/2020 2
JUDGMENT
Dated this the 13th day of January 2021
By this writ petition, the petitioner has prayed for directing
the 3rd respondent to issue Police Clearance Certificate in favour of
the petitioner without considering pendency of four criminal cases
mentioned in Ext.P5 notice.
2. Learned counsel for the petitioner submitted that
erroneously it is stated in the relevant clause of the writ petition
that the 2nd respondent be directed to issue Police Clearance
Certificate. Learned counsel for the petitioner urged that four
criminal cases are pending against the petitioner in respect of two
incidents regarding illegal quarrying activities. It is also submitted
that penal provisions invoked against the petitioner are in fact not
applicable and there is no evidence to show that the petitioner has
committed offences as alleged against him. It is further argued
that the petitioner wants to join his wife who is employed in U.K
as Nurse and his child wants to prosecute his further studies in
England. Therefore, the passport issuing authority be directed to
issue Police Clearance Certificate dehors pendency of four criminal
cases against the petitioner.
3. Learned Assistant Solicitor General of India appearing for
the Passport Officer, relying on the statement filed on behalf of the
3rd respondent, submitted that as there is adverse police report,
Police Clearance Certificate cannot be issued.
4. I have considered the submissions advanced. Police
Clearance Certificate is required to be issued by the Passport
Officer on the basis of police report. In the case in hand, the
Passport Officer has called for report of police regarding the
antecedents of the petitioner. The duly sworn statement of the
3rd respondent shows that on 15.10.2020, the police submitted a
report by stating that four criminal cases are pending against the
petitioner on the basis of the crimes registered at Vellikulangara
Police Station and those cases are pending for trial in the Court of
Judicial Magistrate of First Class, Chalakkudy.
5. Police Clearance Certificate is required for the purpose of
obtaining Visa. The antecedents of the applicant are considered
while issuing Police Clearance Certificate. In the case in hand,
four criminal cases are registered against the petitioner and are
pending in the Court of Judicial Magistrate of First Class,
Chalakkudy. It appears that the learned Magistrate has taken
cognizance of offences alleged against the petitioner.
In this view of the matter, the Passport Officer cannot be
directed to ignore the adverse police report submitted by the
police authorities and to issue Police Clearance Certificate. Such
directions cannot be given in the light of pendency of criminal
cases against the petitioner. Whether there is evidence against
the petitioner for the alleged offences or not is a job which is to be
undertaken by the concerned Judicial Magistrate of First Class on
the basis of evidence adduced by the prosecution during trial of
those criminal cases. This Court cannot go into that aspect and
direct the Passport Officer to issue Police Clearance Certificate
ignoring adverse police report.
In this view of the matter, this writ petition is devoid of merit
and the same is accordingly dismissed.
Sd/-
A.M.BADAR
JUDGE
smp
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE
PASSPORT NO.U6862311 IN THE NAME OF THE
PETITIONER.
EXHIBIT P2 TRUE COPY OF THE FIR IN CRIME NO.451/2019
OF VELLIKULANGARA POLICE STATION.
EXHIBIT P3 TRUE COPY OF THE ORDER OF THE JUDICIAL I
CLASS MAGISTRATE COURT, CHALAKKUDY IN
CRL.MP NO.5206/2020 IN CC NO.970/2019 IN
CRIME NO.451/2019 OF VELLIKULANGARA POLICE
STATION.
EXHIBIT P4 TRUE COPY OF THE ONLINE APPLICATION ALONG
WITH WRITTEN REQUEST DATED 09.10.2020
SUBMITTED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE NOTICE DATED 19.10.2020
RECEIVED FROM THE 3RD RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE ONLINE APPOINTMENT RECEIPT
DATED 30.10.2020 FOR VISITING THE 3RD
RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE EXPLANATION DATED
02.11.2020 SUBMITTED BY THE PETITIONER TO
THE 3RD RESPONDENT.
ADDL. EXHIBIT P8(a) TRUE COPY OF THE ORDER OF THE JUDICIAL I
CLASS MAGISTRATE COURT, CHALAKKUDY IN
CRL.M.P NO.5203/2020 IN C.C NO.939/2019 IN
CRIME NO.461/2019 AT VELLIKULANGARA POLICE
STATION.
ADDL. EXHIBIT P8(b) TRUE COPY OF THE ORDER OF THE JUDICIAL I
CLASS MAGISTRATE COURT, CHALAKKUDY IN
CRL.M.P NO.5204/2020 IN C.C NO.941/2019 IN
CRIME NO.460/2019 AT VELLIKULANGARA POLICE
STATION.
ADDL. EXHIBIT P8(c) TRUE COPY OF THE ORDER OF THE JUDICIAL I
CLASS MAGISTRATE COURT, CHALAKKUDY IN
CRL.M.P NO.5205/2020 IN C.C NO.969/2019 IN
CRIME NO.452/2019 AT VELLIKULANGARA POLICE
STATION.
True Copy
P.S to Judge
smp
