Kerala High Court
Jackson Paul 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. 2440 OF 2024
PETITIONER:
JACKSON PAUL,
AGED 42 YEARS,
S/O AKKARAKKARAN LONAPPAN PAUL,
AKKARAKKARAN HOUSE, EAST COMBARA,
IRINJALAKUDA PO, THRISSUR - 680121.
BY ADVS.
K C MOHAMED RASHID
ASLAM K.K.
ROY ANTONY
RESPONDENTS:
1 REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE, SHIHAB THANGAL
ROAD,PANAMPILLY NAGAR, KOCHI,
ERNAKULAM, PIN - 682036.
2 STATION HOUSE OFFICER,
IRINJALAKUDA POLICE STATION
IRINJALAKUDA NORTH P.O, KATTUNGACHIRA,
THRISSUR, PIN - 680125.
BY ADVS.
SRI.S.MANU, DEPUTY SOLICITOR GENERAL OF INDIA
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.2440 of 2024
:2:
JUDGMENT
Dated this the 1st day of February, 2024
The petitioner is the 3rd accused in C.C.No.1841 of 2021
on the file of the Judicial First Class Magistrate Court,
Irinjalakkuda, which arose from Crime No.332 of Pudukad
Police Station alleging offences punishable under Sections
447 and 379 read with 34 of Indian Penal Code. Since the
petitioner has to go abroad for the purpose of job, he moved
an application before the Judicial First Class Magistrate Court
and the Court granted permission to go abroad by Ext.P1, in
pursuit of his job.
2. Thereafter, the petitioner submitted Ext.P2
application seeking Police Clearance Certificate before the 1 st
respondent. Since the 1st respondent by Ext.P3 refused to
issue Police Clearance Certificate for the reason that criminal
case is pending against the petitioner, the Visa process of the
petitioner is at a stand still. Counsel for the petitioner
submitted that in view of the judgment of this Court in Siju v.
Regional Passport Officer [2021 SCC Online Kerala 9667],
the petitioner is entitled to get a Police Clearance Certificate
even though a crime is pending against the petitioner.
3. Deputy Solicitor General of India submitted that
taking into consideration the judgment of this Court in Siju v.
Regional Passport Officer (supra), the petitioner's
application for Police Clearance Certificate can be considered
and the petitioner can be issued with a customised Police
Clearance Certificate incorporating the particulars of the
criminal case pending against the petitioner, if all other
parameters are satisfied.
Taking into consideration the law laid down by this Court
in Siju v. Regional Passport Officer (supra), the writ petition
is disposed of directing the 1 st respondent-Regional Passport
Officer to process the application for issuance of Police
Clearance Certificate and conclude the proceedings taking
note of the judgment of this Court in Siju v. Regional
Passport Officer (supra) and take appropriate decision
thereon, within a period of three weeks. If the petitioner
produces his photograph before the Passport Officer, issue of
giving customised Police Clearance Certificate with
photograph can be considered.
Sd/-
N. NAGARESH
JUDGE
ams
APPENDIX OF WP(C) 2440/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 21.10.2023
IN CRL.M.P NO. 9303 OF 2023 IN C.C NO.
1841 OF 2021 PASSED BY THE HON'BLE
JUDICIAL FIRST-CLASS MAGISTRATE COURT,
IRINJALAKKUDA
Exhibit P2 TRUE COPY OF THE PCC APPLICATION NO.
23-1014807225 DATED 04.12.2023
PREFERRED BY THE PETITIONER BEFORE THE
1ST RESPONDENT
Exhibit P3 TRUE COPY OF THE ACKNOWLEDGEMENT
RECEIPT ISSUED BY THE 1ST RESPONDENT
DATED 12.12.2023
