Kishorekumar T P vs State Of Kerala
2023 Latest Caselaw 11804 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA,
                                 1945
                    CRL.MC NO. 9710 OF 2023
     AGAINST THE ORDER/JUDGMENT ST 176/2022 OF JUDICIAL
             MAGISTRATE OF FIRST CLASS, KODUNGALLUR
PETITIONER/S:

           KISHOREKUMAR T P, AGED 28 YEARS
           S/O. PUSHPAKUMAR, THOPPILAPARAMBIL,
           CHERUKADAPPURAM, N. KUTHIATHODE P.O.,
           PUTHENVELIKKARA, ERNAKULAM, PIN - 683594
           BY ADVS.
           AMRIN FATHIMA
           MICKY ANTONY ROHAN
RESPONDENT/S:

     1     STATE OF KERALA
           VALAPPAD POLICE STATION REPRESENTED THROUGH
           PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
           ERNAKULAM, PIN - 682031
     2     STATION HOUSE OFFICER
           VALAPPAD POLICE STATION, THRISSUR RURAL,
           THRISSUR, PIN - 680567
     3     REGIONAL PASSPORT OFFICER
           REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR P.O.,
           KOCHI, PIN - 682036
           BY ADV MANU S. DSG OF INDIA
OTHER PRESENT:

           SRI MP PRASANTH, PP
      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   16.11.2023,   THE   COURT    ON    THE   SAME   DAY   PASSED   THE
FOLLOWING:
                                                        -2-
Crl.M.C No. 9710 of 2023



                               P.V.KUNHIKRISHNAN, J.
                              ======================================================

                                 Crl.M.C No. 9710 of 2023
                           =============================================================

                   Dated this the 16th day of November, 2023

                                                 ORDER

The above Crl.M.C is filed with following prayers:

"(i) set aside Annexure A5 Order to the extent it failed to direct the 3rd respondent to issue Police Clearance Certificate in the name of the petitioner;

(ii) Dispense with the translation of the documents filed along with the CrlMC &

(iii) Issue such other orders as this Hon'ble Court deem just and proper." (sic)

2. The petitioner is the holder of Annexure A1 Indian

Passport. The petitioner obtained a job in the Company by name

"Magtrans" at Poland and he has been issued with Annexure A2 work

permit. The petitioner approached the Judicial First Class Magistrate

Court, Kodungallur seeking direction to the 3 rd respondent to issue

police clearance certificate. However, the learned Magistrate issued

Annexure A5 order only directing to issuance of passport. It is the

Crl.M.C No. 9710 of 2023

case of the petitioner that unless police clearance certificate issued, the

petitioner is not in a position to go abroad. Hence, this Crl.M.C.

3. Heard counsel cor the petitioner and the Public Prosecutor.

I also heard the learned Deputy Solicitor General of India.

4. After hearing both sides and also after going through the

petition which leads to Annexure A5, I think the petitioner can file a

fresh petition with a specific prayer regarding the issuance of police

clearance certificate. If such a petition is filed, there can be a direction

to consider that application also by the learned Magistrate.

Therefore, this Crl.M.C is disposed of in the following manner:

1. The petitioner is free to file a petition before the Judicial First Class Magistrate, Kodungallur to issue appropriate direction to the passport authority for issuing police clearance certificate within one week from the date of receipt of a certified copy of this order.

2. Once such a petition is received, the jurisdictional court will consider the same and pass orders in it, in accordance

Crl.M.C No. 9710 of 2023

with law, as expeditiously as possible, at any rate, within one week from the date of receipt of the petition.

sd/-

P.V.KUNHIKRISHNAN JUDGE das

Crl.M.C No. 9710 of 2023

APPENDIX OF CRL.MC 9710/2023

PETITIONER ANNEXURES Annexure A1 A TRUE COPY OF THE PASSPORT OF THE PETITIONER Annexure A2 A TRUE COPY OF THE WORK PERMIT DATED 06.09.2023 ISSUED TO THE PETITIONER Annexure A3 A TRUE COPY OF FIR IN CRIME NO.1153/2021 OF THE VALAPPAD POLICE STATION AGAINST THE PETITIONER Annexure A4 A TRUE COPY OF THE CHARGE SHEET IN S.T.

NO. 176/2022 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, KODUNGALLUR Annexure A5 A TRUE COPY OF THE ORDER DATED 11.10.2023 IN CRL. M.P. NO. 6806/2023 IN S.T. NO. 176/2022 Annexure A6 A TRUE COPY OF THE COMMUNICATION DATED 31.10.2023 ISSUED TO THE PETITIONER