Shan Hakkim Sheena vs State Of Kerala
2024 Latest Caselaw 4587 Ker

Kerala High Court

Shan Hakkim Sheena vs State Of Kerala on 6 February, 2024

Author: N.Nagaresh

Bench: N.Nagaresh

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE N.NAGARESH
  TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
                      WP(C) NO. 3207 OF 2024
   CRIME NO.435/2022 OF Parippally Police Station, Kollam
PETITIONER:

          SHAN HAKKIM SHEENA
          AGED 43 YEARS,
          S/O ABDUL HAKKIM MOHAMMEDKUNJU,
          BAHIYAS MUKKADA, PARIPPALLY P.O,
          KOLLAM DISTRICT PIN - 691574.

          BY ADVS.
          K.MOHAMMED RAFEEQ
          BIBIN MATHEW
          P.M.MATHEW
          AMARNATH R LAL
          SANALDEV E.P.
          VISHNUMAYA ANANDAN
          SONYMON ANTONY
          AJMAL V. KARIM


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT,
          HOME DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM., PIN - 695001.

    2     REGIONAL PASSPORT OFFICER
          PASSPORT SEWA KENDRA, 74 BUILDING # MC
          VIII/1578/715 A S.N TRUST COMPLEX,
          NEAR KOLLAM MUNICIPAL CORPORATION OFFICE,
          VELLAPPALLY NAGAR, KOLLAM, PIN - 691320
          REPRESENTED BY REGIONAL PASSPORT OFFICER.

    3     UNION OF INDIA
          REPRESENTED BY SECRETARY TO GOVERNMENT,
          MINISTRY OF EXTERNAL AFFAIRS,
          GOVERNMENT OF INDIA,
          NEW DELHI., PIN - 110012.
 W.P.(C) No.3207 of 2024

                           :2:

    4    STATION HOUSE OFFICER
         PARIPPALLY POLICE STATION,
         KOLLAM DISTRICT., PIN - 691574.

    5    DISTRICT POLICE CHIEF
         KOLLAM, LINK ROAD, ASRAMAM,
         KOLLAM DISTRICT., PIN - 691001.

         BY ADVS.
         SRI.S.MANU, DEPUTY SOLICITOR GENERAL OF INDIA
         SRI.S.GOPINATHAN, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP       FOR
ADMISSION ON 06.02.2024, THE COURT ON THE SAME       DAY
DELIVERED THE FOLLOWING:
 W.P.(C) No.3207 of 2024

                                 :3:



                       JUDGMENT

Dated this the 6th day of February, 2024

The petitioner is before this Court seeking to direct the

respondents to consider the application for Police Clearance

Certificate submitted by the petitioner without any delay.

2. Deputy Solicitor General of India entered

appearance and submitted that the petitioner has already

obtained Ext.P1 online appointment receipt on 06.03.2024.

Therefore, if the petitioner adheres to the appointment, the

application of the petitioner can be considered.

3. Counsel for the petitioner submits that he has

been informed that since a criminal case is pending against

the petitioner, Police Clearance Certificate is not likely to be

issued.

4. This Court has considered the issue of grant of

Police Clearance Certificate in such circumstances in the

judgment in Siju v. Regional Passport Officer [2021 SSC

Online Kerala 9667]. This Court held that even if a criminal

case is pending, customised Police Clearance Certificate can

be issued indicating the particulars of the crime.

In view of the above, the writ petition is disposed of

directing the petitioner to adhere to the appointment on

06.03.2024. If the petitioner is appearing in the interview, the

application for issuance of Police Clearance Certificate shall

be considered in the light of the judgment delivered by this

Court in Siju (supra).

Sd/-

N. NAGARESH JUDGE ams

APPENDIX OF WP(C) 3207/2024

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE ONLINE APPLICATION RECEIPT DATED 16.01.2024 ISSUED TO THE PETITIONER.

Exhibit-P2 TRUE COPY OF FIRST INFORMATION REPORT IN CRIME NO. 435/2022 OF PARIPPALLY POLICE STATION.

Exhibit-P3 TRUE COPY OF THE CIRCULAR 14/2022/PHQ DATED 07.05.2022 ISSUED BY THE KERALA POLICE DEPARTMENT.