Arunlal Lakshmipuram Raveendran vs Director General Of Police ...
2021 Latest Caselaw 8928 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

   WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942

                       WP(C).No.6809 OF 2021(A)


PETITIONER:

               ARUNLAL LAKSHMIPURAM RAVEENDRAN
               40 YRS, S/O. K.R. RAVEENDRAN, LAKSHMIPURAM,
               KARITHOTTA P.O., NOW RESIDING AT KRISHNAPURATH HOUSE,
               KIDANGANNUR P.O., AARANMULA,
               PATHANAMTHITTA-689 514

               BY ADV. SRI.K.V.SABU

RESPONDENTS:

      1        DIRECTOR GENERAL OF POLICE (CRIMES)
               POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 036

      2        DISTRICT POLICE CHIEF,
               LAW AND ORDER, CRIMES , PATHANAMTHITTTA-689 645

      3        DEPUTY SUPERINTENDENT OF POLICE,
               SPECIAL BRANCH, PATHANAMTHITTA-689 645

      4        SECRETARY TO GOVERNMENT,
               DEPARTMENT OF HOME AFFAIRS, GOVERNMENT OF KERALA,
               SECRETARIAT, THIRUVANANTHAPURAM-695 001


OTHER PRESENT:

               SMT.PRINCY XAVIER, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6809 OF 2021(A)

                                    2




                         J U D G M E N T

The writ petition is filed seeking a direction to

the second respondent to provide Police Clearance

Certificate so as to enable the petitioner to submit

the same before the employer.

2. Petitioner has produced Ext.P9 order issued

by the District Police Chief by which his application

for Police Clearance Certificate has been rejected on

the ground that Crime No.433 of 2019 in which

petitioner is an accused for offences under Sections

341, 324, 323, 326 and 304 r/w Section 34 of the IPC

is pending.

3. Petitioner claims that his inclusion as an

accused is on extraneous reasons, etc. As at present

the crime registered against him is pending as can be

seen from Ext.P2. It is stated that petitioner is a

Marine Engineer and he has to produce Police Clearance

Certificate in order to join after the break. WP(C).No.6809 OF 2021(A)

Therefore there shall be a direction to the second

respondent to issue a Certificate to the petitioner

endorsing the pendency of the crime referred to in

Ext.P9 order within a period of 'one week' from the

date of receipt of a copy of the judgment.

The writ petition is disposed of accordingly.

Sd/-

P.V.ASHA, JUDGE

AS WP(C).No.6809 OF 2021(A)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE F.I. STATEMENT DT 29.7.19 RECORDED BY ASSISTANT SUB INSPECTOR, ELAVUMTHITTA POLICE STATION

EXHIBIT P2 A COPY OF THE FIR NO.433/19 REGISTERED ON 30.7.19 BY THE ELAVUMTHITTA POLICE STATION

EXHIBIT P3 A COPY OF THE FACE BOOK POST DT 30.12.18

EXHIBIT P4 COPY OF THE NEW PAPER REPORT PUBLISHED IN MALAYALA MANORAMA DAILY DT 2.8.19

EXHIBIT P5 A COPY OF THE REPRESENTATION DT 27.8.19 BEFORE THE DISTRICT POLICE CHIEF, SINGED BY 192 LOCAL PEOPLE

EXHIBIT P6 A COPY OF THE LETTER DT 10.2.2021 ISSUED FROM FORBES BUMI ARMADA LIMITED, MUMBAI

EXHIBIT P7 A COPY OF THE APPLICATION DT 9.2.2021 FILED BEFORE THE ELAVUMTHITTA POLICE STATION

EXHIBIT P8 A COPY OF THE REPORT DT 11.2.2021 FILED BEFORE THE 3RD RESPONDENT

EXHIBIT P8A TYPES COPY OF EXT P8

EXHIBIT P9 A COPY OF THE REJECTION ORDER DT 11.2.2021 ISSUED FROM DISTRICT POLICE CHIEF, PATHANAMTHITTA