Citation : 2023 Latest Caselaw 11068 Ker
Judgement Date : 26 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
CRL.MC NO. 2201 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 1621/2019 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT-I ,VARKALA
PETITIONER/2ND ACCUSED:
VIBIN WILFRED
AGED 22 YEARS
S/O. WILFRED JOSEPH, RESIDING AT VIBIN COTTAGE,
(AMBADY), CHERUKARA DESOM, HARIHARAPURAM P.O, AIYROOR
VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695310.
BY ADVS.
J.R.PREM NAVAZ
SHRI.SUMEEN S.
RESPONDENTS/COMPLAINANT AND STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682032.
2 THE STATION HOUSE OFFICER,
AYIROOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT,
PIN - 695310.
OTHER PRESENT:
SRI HRITHWIK, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2201 OF 2021
2
P.V.KUNHIKRISHNAN
---------------------
CRL.MC No. 2201 OF 2021
---------------------------
Dated this the 26th day of October, 2023
ORDER
This Crl.MC is filed with the following prayer:-
"to issue a Police Clearance Certificate with international recognition for foreign stay/employment/immigration to the petitioner subject to verification about antecedents of the petitioner other than the case pending before the court of Judicial Magistrate of First Class-I, Varkala, Thiruvananthapuram as CC No.1621 of 2019 and pass such other orders as this Hon'ble Court feels just and proper in the facts and circumstances of this case in the interest of justice and to secure the
ends of justice." (SIC)
2. The main prayer in this Crl.MC is to issue a
direction to the 2nd respondent to issue Police Clearance
Certificate. It is submitted that, because of the pendency of
C.C.No.1621/2019 before the Judicial First Class Magistrate
Court-I, Varkala, the Police Clearance Certificate is not
being given to the petitioner. There is no bar in giving a CRL.MC NO. 2201 OF 2021
Police Clearance Certificate, after mentioning the pending
criminal cases, if any.
Therefore, this Crl.MC is disposed of making it clear
that the Police Clearance Certificate can be issued noting
the pending criminal case registered, if any, against the
petitioner.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
bng CRL.MC NO. 2201 OF 2021
APPENDIX OF CRL.MC 2201/2021
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE FIR IN CRIME NO.
652 OF 2019 OF AYIROOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT.
ANNEXURE A2 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO. 652 OF 2019 OF AYIROOR POLICE STATION THIRUVANANTHAPURAM DISTRICT.
ANNEXURE A3 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER.
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