Kerala High Court
Nisha vs State Of Kerala on 23 May, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
WP(C) NO. 18609 OF 2024
PETITIONER:
NISHA
AGED 23 YEARS
W/O VIJILAL ,NATTAKKATU HOUSE,
VALLIKUNNAM ,ALAPPUZHA, PIN - 690501
BY ADV M.R.SASITH
RESPONDENTS:
1 STATE OF KERALA
MAIN BLOCK GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
REPRESENTED BY ITS SECRETARY, PIN - 695001
2 THE DEPUTY SUPERINTENDENT OF POLICE
CHENGANNUR, PIN - 691572
3 THE STATION HOUSE OFFICER
VALLIKUNNAM POLICE STATION,
VALLIKUNNAM , ALAPPUZHA, PIN - 690501
4 REGIONAL PASSPORT OFFICER
REGIONAL PASSPORT OFFICE ,
PANAMPLLIY NAGAR P O , KOCHI,
PIN - 682036
SRI.T.C.KRISHNA -CGC
SRI.S.GOPINATHAN-SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.18609 Of 2024
2
JUDGMENT
Dated this the 23rd day of May, 2024
The petitioner is aggrieved by the action of the
respondents 2 and 3 in refusing to consider the application
of the petitioner for Police Clearance Certificate.
2. The petitioner states that for the purpose of going
to Kuwait for employment, she requires a Police Clearance
Certificate from the Passport Officer. When the petitioner
approached the 3rd respondent by filing a representation
letter for issuance of Police Clearance Certificate, there was
no response from the 3rd respondent. Thereafter, the
petitioner approached the 2nd respondent by filing a
representation letter.
3. The petitioner submits that he was never
convicted in any crime. If respondents 2 and 3 are not
issuing Police Clearance Certificate, the petitioner will lose
WP(C) No.18609 Of 2024
her job. The petitioner has to join her job on or before
30.05.2024.
4. The petitioner is an accused in C.C No.1692/2020
pending before the Judicial First Class Magistrate Court
Kayamkulam alleging offence under Sections 143, 144, 147
and 427 read with Section 149 of IPC. 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.
5. 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
WP(C) No.18609 Of 2024
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 4th 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
hmh
WP(C) No.18609 Of 2024
APPENDIX OF WP(C) 18609/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE REPRESENTATION FILED
BY THE PETITIONER BEFORE THE 3RD
RESPONDENT DATED 30/4/2024
Exhibit-P2 TRUE COPY OF ORDER IN C.M,P NO
1376/2024 IN CC NO 1692/2020 PASSED BY
E JUDICIAL FIRST CLASS MAGISTRATE
COURT ,KAYAMKULAM
