Ruble Varghese vs Union Of India
2022 Latest Caselaw 4726 Ker

W.P.C.No.13867/2022                  1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     TUESDAY, THE 26TH DAY OF APRIL 2022 / 6TH VAISAKHA, 1944
                       WP(C) NO. 13867 OF 2022
PETITIONERS:

             RUBLE VARGHESE,
             AGED 47 YEARS,
             S/O.VARGHESE K. DANIEL,
             KADATHIL HOUSE, PERIKKAPPALAM,
             THOTTAKKATTUKARA P.O,
             ALUVA, PIN-683 108.
             BY ADV V.VISAL AJAYAN


RESPONDENTS:

     1       UNION OF INDIA,
             REPRESENTED BY SECRETARY TO GOVERNMENT HOME
             DEPARTMENT, CENTRAL SECRETARIAT, NEW DELHI-110 001.
     2       THE PASSPORT OFFICER,
             REGIONAL PASSPORT OFFICE, THIRUVANANTHAPURAM-695
             007.
     3       THE PASSPORT OFFICER,
             REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR(P.O),
             COCHIN-682 036.
     4       THE STATION HOUSE OFFICER,
             ALUVA POLICE STATION, SUB JAIL ROAD, PWD QUARTERS,
             ALUVA, PIN-683 101.
             BY ADV MANU S., ASG OF INDIA

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.C.No.13867/2022                   2

                          JUDGMENT

The petitioner has filed this writ petition being aggrieved by

the non issuance of police clearance certificate by the 3 rd

respondent. The petitioner is the holder of passport bearing No.V

1009604 issued by the 3rd respondent on 21.04.2021.

2. The petitioner has now secured an employment in the

republic of Slovakia and for the purpose of completing the process

of visa, a police clearance certificate is to be furnished. Since, the

petitioner is one of the accused in C.C.No.507/2021 of Aluva Police

Station for the offences punishable under Sections 294 (b) and 506

read with 34 IPC. An application was submitted before the learned

Magistrate seeking sanction to go abroad. As per Ext.P2 order

passed on 28.03.2022, the learned Magistrate granted permission

subject to certain conditions. Thereafter, a memo in this regard was

issued by the learned Magistrate to the 3rd respondent.

3. However, instead of issuance a police clearance

certificate as contemplated under Appendix 32 of the Passport

Manual, 2010, they issued Ext.P5 certificate, showing that the

petitioner is involved in a criminal case and the court concerned

has permitted him to go abroad for a period of two years. Grievance

of the petitioner is that, a certificate in the form of Ext.P5 would not

serve the purpose for the petitioner since a police clearance

certificate as contemplated under Appendix 32 of passport Mannual.

The learned counsel for the petitioner also brought my attention to

the judgment by this Court in W.P.(C).No.28733 of 2021, wherein a

direction was issued to the passport authority to issue a police

clearance certificate as contemplated under Appendix 32 of Passport

Manual by incorporating the details of the Crime in which the

petitioner therein was involved and also the fact that he is permitted

to go abroad by the court.

4. In such circumstances, I am of the view that a similar

direction can be issued in this case also as the petitioner is similarly

situated with the petitioner in the aforesaid writ petition.

5. Accordingly, this writ petition is disposed of by directing

the 3rd respondent to issue a police clearance certificate by

mentioning the details of the criminal case pending against him and

the fact that the petitioner was granted permission to go abroad by

the court concerned. The aforesaid certificate along

with such details shall be issued by making proper changes in the

specimen form contained in Appendix 32 of Passport Manual.

Ext.P4 is therefore, set aside and the 3rd respondent shall issue

the police clearance certificate in the manner mentioned above

within a period of two weeks from the date of receipt of a copy of

this judgment.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/26.4.22

APPENDIX OF WP(C) 13867/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT OF THE PETITIONER BEARING NO. V 1009604 ISSUED BY THE 3RD RESPONDENT DATED 21.04.2021.

Exhibit P2 TRUE COPY OF THE ORDER OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALUVA, IN CMP NO.537/2022 IN CC NO.507/2021 DATED 28.03.2022.

Exhibit P3 TRUE COPY OF THE MEMO ISSUED BY THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALUVA TO THE 3RD RESPONDENT DATED 29.03.2022 Exhibit P4 TRUE COPY OF THE E MAIL BY THE DEPUTY SUPERINTENDENT OF POLICE TO THE 3RD RESPONDENT DATED 05.04.2022.

Exhibit P5 TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 06.04.2022.