Kerala High Court
Legin Saji vs Union Of India on 28 June, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 23275 OF 2024
PETITIONER:
LEGIN SAJI
AGED 24 YEARS, S/O. SAJI,
PUTHUSSERY VILLA VEEDU, KUMBALAM,
KUMBALAM P.O, MULAVANA, KOLLAM DISTRICT,
PIN - 678 010.
BY ADV
M.G.SREEJITH
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF MINISTRY OF EXTERNAL AFFAIRS,
GOVERNMENT OF INDIA, 74B SOUTH BLOCK,
NEW DELHI, PIN - 110 011.
2 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
HOME DEPARTMENT, GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 695 001.
3 THE REGIONAL PASSPORT OFFICER
REGIONAL PASSPORT OFFICE, SNSM BUILDINGS, PETTA,
KARALKADA JN, P.O, KAITHAMUKKU, THIRUVANANTHAPURAM,
PIN - 695 024.
4 THE STATION HOUSE OFFICER
KUNDARA POLICE STATION, KUNDARA,
KOLLAM DISTRICT, PIN - 691 501.
BY ADV
T.C.KRISHNA, SENIOR CENTRAL GOVERNMENT COUNSEL
S.GOPINATHAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.23275 of 2024
:2:
JUDGMENT
Dated this the 28th day of June, 2024
The petitioner has a valid passport bearing
No.U2368787. He has a job offer in Europe and in order to
migrate to Europe, he requires a Police Clearance Certificate
from the 3rd respondent-Regional Passport Officer
2. The petitioner is an accused in Crime No.150 of
2024 of Kundara Police Station for offences punishable under
Section 294(b) read with Section 34 of the Indian Penal Code
and Sections 3 and 4 of the Prevention of Damage to Public
Property Act. The crime is pending as C.C.No.372 of 2024 in
the Judicial First Class Magistrate's Court-I, Kollam.
3. Counsel for the petitioner submitted that in view of
the judgment of this Court in Siju v. Regional Passport
Officer [2021 SCC Online Ker 9667], the petitioner is entitled
to get a Police Clearance Certificate even though a crime is
pending against the petitioner.
4. 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 3 rd 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.
Sd/-
N. NAGARESH
JUDGE
AMR
APPENDIX OF WP(C) 23275/2024
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF PCC APPLICATION FORM
SUBMITTED BY THE PETITIONER DATED 11-
04-2024.
Exhibit P2 TRUE COPY OF FIR IN CRIME NO.150/2024
OF KUNDARA POLICE STATION.
Exhibit P3 TRUE COPY OF ORDER DATED 11-06-2024 IN
CMP NO.2899/2024 IN CC 372/2024 IN THE
FILES OF JUDICIAL FIRST CLASS
MAGISTRATE COURT -1, KOLLAM.
