Noushad P vs State Of Kerala
2022 Latest Caselaw 1631 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     TUESDAY, THE 15TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943
                          WP(C) NO.3158 OF 2022
PETITIONER :-

             NOUSHAD P, AGED 42 YEARS
             s/o.ALAVI, PALAPPATTA HOUSE, PANNIPPARA POST,
             MALAPPURAM DISTRICT, PIN - 676 541.

             BY ADVS.
             K.I.ABDUL RASHEED
             DEEPA SASIDHARAN


RESPONDENTS :-

      1     STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            DEPARTMENT OF HOME AFFAIRS, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM - 695 001.

      2     SUPERINTENDENT OF POLICE
            OFFICE OF THE SUPERINTENDENT OF POLICE,
            MALAPPURAM, PIN - 676 122.

      3     STATION HOUSE OFFICER
            EDAVANNA POLICE STATION, EDAVANNA VILLAGE,
            MALAPPURAM DISTRICT - 676 541.

            BY SRI.T.K.SHAJAHAN, SR.GP


       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    15.02.2022,   THE    COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.3158 OF 2022

                                    -: 2 :-


                              JUDGMENT

Dated this the 15th day of February, 2022

This writ petition is filed seeking the following reliefs :-

"(i) Issue a Writ of certiorari or any other appropriate Writs, Order or Direction, quashing Ext.P4 Order in General Diary passed by the 3rd respondent rejecting the application for Police Clearance Certificate submitted by the petitioner.

(ii) Issue a Writ of mandamus any other appropriate Writs, Order or Direction, directing the 3rd respondent to issue the Police Clearance Certificate as requested in Ext.P2 application which is required to be submitted along with the application submitted by the petitioner for issuing Explosive licence."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner

that apart from the case registered against the petitioner as Crime

No.80/2012 of the Edavanna Police Station which only involves

offences under Sections 279, 338 and 304A of the Indian Penal

Code, which is pending in revision before this Court, there are no

other offences alleged against the petitioner.

4. The learned Government Pleader would submit that in

view of the fact that a revision is pending against the conviction

and the sentence stands suspended, in case there are no other WP(C) NO.3158 OF 2022

criminal cases pending against the petitioner, the petitioner's

application for Police Clearance Certificate can be reconsidered in

accordance with law.

There will, accordingly, be a direction to the 3 rd

respondent to consider the application of the petitioner and to

issue a Police Clearance Certificate, in case there are no other

criminal cases pending against the petitioner, except what is stated

in Ext.P4.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/15.2.2022 WP(C) NO.3158 OF 2022

APPENDIX OF WP(C) 3158/2022

PETITIONER EXHIBITS

ExhibitP1 TRUE COPY OF CONSENT LETTER DATED 06-09-2018

ExhibitP2 TRUE COPY OF THE APPLICATION DATED 09-01-2022 SUBMITTED BEFORE THE 3RD RESPONDENT BY THE PETITIONER

ExhibitP3 TRUE COPY OF THE RELEVANT PAGES REGARDING THE NORMS FOR ISSUING POLICE CLEARANCE CERTIFICATE, PUBLISHED BY THE POLICE DEPARTMENT IN THE OFFICIAL WEBSITE

ExhibitP4 TRUE COPY OF THE GENERAL DIARY DATED 25-01-2022 ISSUED BY THE 3RD RESPONDENT