Kerala High Court
Monson Abraham vs Union Of India on 19 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 19TH DAY OF APRIL 2022 / 29TH CHAITHRA, 1944
WP(C) NO. 13943 OF 2022
PETITIONER:
MONSON ABRAHAM,AGED 47 YEARS
S/O. ABRAHAM, R/O. MULLOOR HOUSE, MADAMPAM,
KAITHARAM P.O, KANNUR - 670631, KERALA INDIA.
BY ADVS.
JOSE ABRAHAM
MURALEEDHARAN R.
MANAS P HAMEED
E.ADITHYAN
PHILIP.N.JOSEPH
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, MINISTRY
OF EXTERNAL AFFAIRS, JAWAHARLAL NEHRU BHAVAN, 23-D,
JANPATH, NEW DELHI - 110011.
2 REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE, KOZHIKODE, ERANHIPALAM
POST, KOZHIKODE DISTRICT - 673006.
3 THE STATION HOUSE OFFICER,
PERINGOME POLICE STATION, PADIYOTTUCHAL- CHERUPARA -
THIMIRI, PERUMBADAVU ROAD, PERINGOME, KERALA -
670353.
BY ADV MANU S., ASG OF INDIA
OTHER PRESENT:
ADV.MANU.S-ASGI
ADV.VENUGOPAL.V-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 19.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.13943 of 2022 2
VIJU ABRAHAM, J.
.................................................................
W.P.(C) No.13943 of 2022
.................................................................
Dated this the 19th day of April, 2022
JUDGMENT
The petitioner has approached this Court seeking a
direction to the 2nd respondent to consider and pass fresh orders on the
application for Police Clearance Certificate (PCC) submitted by the
petitioner with PCC Application No.KO1086659202522 dated
15.02.2022 to enable him to travel to UK, in the light of Ext.P1 final
report in Crime No.375 of 2021of Peringome Police Station. The case of
the petitioner is that he has applied for a job in UK and had got a job
offer and to facilitate the visa process, he has applied for a Police
Clearance Certificate before the 2nd respondent as per Ext.P3. 2nd
respondent as per Ext.P4 communication has informed the petitioner
that in view of the pendency of Crime No.375 of 2021 of Peringome
Police Station the application for Police Clearance Certificate cannot be
processed. It is the case of the petitioner that after proper enquiry, the
Police has submitted Ext.P1 final report dated 29.03.2022 in Crime
No.375 of 2021 of Peringome Police Station before the Judicial First
Class Magistrate Court, Payyannur, on finding that the complaint
against the petitioner was baseless. In the light of the same, it is
contended by the petitioner that there can be no further objection for
issuance of Police Clearance Certificate by the 2nd respondent.
2. I have heard the learned counsel appearing for the
petitioner as well as the learned Assistant Solicitor General of India
appearing for respondents 1 and 2 and also the learned Government
Pleader appearing for the 3rd respondent.
3. After considering the contentions of the petitioner as well as
that of respondents 1 and 2 I feel that it is for the petitioner to produce
necessary orders from the concerned Magistrate Court regarding
acceptance of Ext.P1 final report, before the 2 nd respondent. There will
be a further direction to the 2nd respondent to consider and pass orders
on the application for issuance of Police Clearance Certificate submitted
by the petitioner with PCC Application No.KO1086659202522 dated
15.02.2022 within a period of two weeks from the date of production of
the order passed by the Magistrate Court concerned, on the basis of
Ext.P1 final report in Crime No.375 of 2021 of Peringome Police
Station.
With the abovesaid observations and directions, the Writ
Petition is disposed of.
Sd/-
VIJU ABRAHAM
JUDGE
cks
APPENDIX OF WP(C) 13943/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE FIR IN CRIME NO. 375 OF
2021 IN PERINGOME POLICE STATION DATED
16.12.2021.
Exhibit P2 TRUE COPY OF THE CMP NUMBER 5099 OF 2021
FILED BEFORE THE PAYANNUR JUDICIAL FIRST
CLASS MAGISTRATE COURT, DATED 18TH
DECEMBER 2022.
Exhibit P3 TRUE COPY OF THE JOB OFFER.
Exhibit P4 TRUE COPY OF THE ORDER PASSED BY THE
GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL
AFFAIRS, REGIONAL PASSPORT OFFICE,
KOZHIKODE DATED MARCH 2 2022,
Exhibit P5 TRUE COPY OF THE FINAL REPORT IN CRIME NO.
0375 OF 2021 DATED 29.03.2022.
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 2ND
DAY OF APRIL 2022 ADDRESSED TO THE SECOND
RESPONDENT.
