Kerala High Court
Vivek A,S vs Regional Passport Officer on 1 February, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945
WP(C) NO. 2776 OF 2024
(CC No.618/2021 OF JUDICIAL FIRST CLASS MAGISTRATE,
IRINJALAKUDA)
PETITIONER:
VIVEK A.S.,
AGED 26 YEARS,
SON OF SAJEEV,
AKLIPARMBIL HOUSE,
VALLIVATTOM VILLAGE, VALLIVATTOM P.O,
THRISSUR DISTRICT, PIN - 680123
BY ADVS.
K.JAGADEESH
V.RENJU
NIKHEL K GOPINATH
RESPONDENTS:
1 REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE,
PANAMPILLY NAGAR, KOCHI, PIN - 682036
2 SUB INSPECTOR OF POLICE,
IRINJALAKUDA POLICE STATION,
IRINJALAKUDA,
THRISSUR DISTRICT, PIN - 680121
BY ADVS.
SRI.S.MANU, DSGI
SRI.SREEJITH V.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.2776/2024
:2:
JUDGMENT
Dated this the 1st day of February, 2024
The petitioner, who is holder of an Indian
Passport, is the 12th accused in C.C.No.618 of 2021 on
the files of the Judicial First Class Magistrate Court,
Irinjalakuda. The crime has been registered for offences
punishable under Sections 341, 323, 427, 143, 147, 148
and 294(b) read with Section 149 of IPC.
2. The petitioner states that he submitted an
application to the Judicial First Class Magistrate's Court,
Irinjalakuda seeking permission to travel abroad for taking
up employment. The Court has permitted to travel abroad
for a period of two years. The 1 st respondent-Regional
Passport Officer, without considering the order of the
Judicial First Class Magistrate Court, has refused to issue
Police Clearance Certificate on the ground that a criminal
case is pending. The rejection of petitioner's application
as per Ext.P6 is illegal, contends the counsel for the
petitioner.
3. Deputy Solicitor General of India representing
the 1st respondent submitted that the petitioner's
application has been considered and it has been closed
as is evidenced from Ext.P6. As the petitioner is involved
in a crime and since the Judicial First Class Magistrate's
Court has granted permission to the petitioner to travel
abroad for a period of two years, if the petitioner submits
a fresh application, the question of issuing a customised
Police Clearance Certificate to the petitioner can be
considered in the light of the judgment in Siju v. Regional
Passport Officer (2021 SCC Online Ker 9667).
4. I have heard the learned counsel for the
petitioner and the Deputy Solicitor General of India.
5. Ext.P6 communication of the Regional
Passport Officer would indicate that the petitioner was
issued with a File Closure Intimation Notice dated
15.12.2023 and there was no response from the petitioner
till date. It was under such circumstances that the
application of the petitioner is closed.
6. Be that as it may, this Court in the judgment in
Siju v. Regional Passport Officer (supra) has held that
even if a criminal case is registered against the applicants
for passports, their applications for Police Clearance
Certificate can be considered and a customised Police
Clearance Certificate can be issued.
7. In view of the afore judgment, it would only be
just and proper that the petitioner's application be
considered. However, since the petitioner's application
already stands closed as per Ext.P6, the petitioner will
have to make an application afresh.
The writ petition is accordingly disposed of
permitting the petitioner to make a fresh application for
Police Clearance Certificate supported by the Court order.
If the petitioner submits an application within a period of
two weeks from today, the 1st respondent shall consider
and take appropriate decision thereon in the light of the
judgment in Siju v. Regional Passport Officer (supra)
within a further period of two weeks.
Sd/-
N. NAGARESH
JUDGE
SR
APPENDIX OF WP(C) 2776/2024
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE PHOTOSTAT COPY OF THE RELEVANT
PAGES OF THE PASSPORT IN THE NAME OF
THE PETITIONER
Exhibit P2 TRUE COPY OF THE PCC APPLICATION
FORM SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT DATED 26-
6-2023
Exhibit P3 TRUE PHOTOSTAT COPY OF THE LETTER
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER DATED 20-10-2023
Exhibit P4 TRUE PHOTOSTAT COPY OF THE LETTER
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER DATED 29-11-2023
Exhibit P5 TRUE PHOTOSTAT COPY OF THE ORDER OF
THE JUDICIAL FIRST CLASS MAGISTRATE,
IRINJALAKUDA IN CRL.M.P NO.12861 OF
2023 IN C.C.NO.618 OF 2021 DATED 3-
1-2024
Exhibit P6 TRUE PHOTOSTAT COPY OF THE LETTER
ISSUED BY THE 1ST RESPONDENT TO THE
PETITIONER DATED 19-1-2024
