Linu vs State Of Kerala
2023 Latest Caselaw 13136 Ker

Kerala High Court

Linu vs State Of Kerala on 15 December, 2023

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
                       CRL.MC NO. 10066 OF 2023
CRIME NO.356/2014 OF Vizhinjam Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT CC 2429/2017 OF JUDICIAL MAGISTRATE OF
                 FIRST CLASS,NEYYATTINKARA (TEMPORARY)
PETITIONER(S)/ACCUSED NO.5:

          LINU
          AGED 33 YEARS
          S/O. GRORGE, TC 4/206, PALLITHURAPURAYIDAM, VIZHINJAM,
          NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695521
          BY ADVS.
          K.K.DHEERENDRAKRISHNAN
          N.P.ASHA


RESPONDENT(S):

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
          PIN - 682031
    2     STATION HOUSE OFFICER
          VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT
          PIN NO.695521
    3     REGIONAL PASSPORT OFFICER
          PASSPORT OFFICE, VAZHUTHACAUD, THIRUVANANTHAPURAM,
          PIN: 695 014 (ADDITIONAL R2 AND R3 ARE IMPLEADED AS
          PER ORDER DATED 29.11.2023 IN CRL.M.A.1/2023 IN
          CRL.M.C.10066/2023)
          BY ADVS.
          K.K.DHEERENDRAKRISHNAN
          MANU S., DSG OF INDIA
          SRI.M.P.PRASANTH-PP

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.10066 of 2023


                                   2


                 P.V.KUNHIKRISHNAN, J.
                ------------------------------
                Crl.M.C.No.10066 of 2023
        ----------------------------------------------
       Dated this the 15th day of December, 2023


                                ORDER

This Criminal Miscellaneous Case is filed with the

following prayers:

"to quash the order dated 15.09.2023 in CMP No. 3623/2023 passed by Judicial First Class Magistrate, Temporary Court, Neyyattinkara and direct the 2nd respondent to issue police clearance certificate, by this Honouarable Court."

2. The petitioner wants to join his wife, who is

settled in New Zealand. The petitioner filed an application

for Police Clearance Certificate (PCC) before the Judicial

First Class Magistrate, Temporary Court, Neyyattinkara. The

learned Magistrate dismissed the same, stating that, since

there is a case pending against the petitioner, no PCC can

be issued. Aggrieved by the same, this Crl.M.C is filed.

3. Heard the learned counsel appearing for the

petitioner, the learned DSGI and the learned Public

Prosecutor.

4. After hearing both sides, I am of the considered

opinion that the finding in Annexure -III order is not

correct. The PCC is to be issued by the 3 rd respondent for

which only a direction is necessary from the court

concerned. This Court considered this point in the

judgment dated 27.08.2021 in W.P.(C)No.5930/2018. In

such circumstances, the impugned order is to be set aside

and the learned Magistrate can be directed to reconsider

the matter. In the meanwhile, the petitioner is also free to

file appropriate application before the 3 rd respondent with

supporting documents.

Therefore, this Criminal Miscellaneous case is disposed

of in the following manner:

I. Annexure -III order is set aside.

ii. The Judicial First Class Magistrate, Temporary

Court, Neyyattinkara is directed to reconsider

C.M.P.No.3623/2023 in the light of the dictum laid

down by this Court in the judgment dated 27.08.2021

in W.P.(C)No.5930/2018.

iii. Based on the order passed by the learned

Magistrate, the petitioner is free to approach the 3rd

respondent with appropriate application and the 3 rd

respondent will do the needful in accordance with law.

Sd/-

                                        P.V.KUNHIKRISHNAN
DM                                            JUDGE





                  APPENDIX OF CRL.MC 10066/2023

PETITIONER ANNEXURES
ANNEXURE 1             A TRUE COPY OF THE FINAL REPORT IN

CRIME NO. 356/2014 OF VIZHINJAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT ANNEXURE -II A TRUE COPY OF THE CMP NO. 3623/2023 PASSED BY JUDICIAL FIRST CLASS MAGISTRATE, TEMPORARY COURT, NEYYATTINKARA ANNEXURE-III CERTIFIED COPY OF THE ORDER DATED 15.09.2023 IN CMP NO. 3623/2023 PASSED BY JUDICIAL FIRST CLASS MAGISTRATE, TEMPORARY COURT, NEYYATTINKARA

RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE