Kerala High Court
Shanoy Ittera vs State Of Kerala on 31 May, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(C) NO. 17772 OF 2024
PETITIONER:
SHANOY ITTERA,
AGED 37 YEARS,
S/O ITTERA, CHAKKICHERY HOUSE,
KARUKUTTY POST, ALUVA TALUK,
ERNAKULAM DISTRICT, PIN - 683576
BY ADVS.
P.M.ARUN DAS
BIBIN VARGHESE
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF HOME AFFAIRS,
GOVERNMENT SECRETARIAT,
THIRUVANATHAPURAM DISTRICT, PIN - 695001
2 REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE,
PANAMPILLY NAGAR, COCHIN,
ERNAKULAM DISTRICT, PIN - 682036
3 THE REGIONAL PASSPORT OFFICER,
PASSPORT SEVA KENDRA, PASSPORT OFFICE,
ALUVA, ERNAKULAM DISTRICT, PIN - 683101
4 THE STATION HOUSE OFFICER,
MALAPPURAM POLICE STATION,
MALAPURAM DISTRICT, PIN - 676505
BY ADVS. SRI.KRISHNA T.C., SCGC
SRI.SREEJITH V.S., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.17772/2024
:2:
JUDGMENT
Dated this the 31st day of May, 2024
The petitioner, who is a I.T.I. Diploma holder in
Diesel Mechanic, is aggrieved by the action of the 2 nd
respondent-Regional Passport Officer in refusing to
consider the application of the petitioner for Police
Clearance Certificate.
2. The petitioner states that he is now eligible for a
dependent VISA in Ireland and in order to migrate to
Ireland, he requires a Police Clearance Certificate from the
Regional Passport Officer. The petitioner is arrayed as
accused No.1 in a crime for offence punishable under
Sections 363, 395, 402, 120(b) and 201 of the Indian Penal
Code. The crime is pending as S.C.No.963 of 2019 on the
files of Additional Sessions Court-III, Manjeri. 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.
3. Deputy Solicitor General of India-in-Charge
submitted that taking into consideration the judgment of this
Court in Siju v. Regional Passport Officer, 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 2 nd 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
SR
APPENDIX OF WP(C) 17772/2024
PETITIONER'S EXHIBITS:
Exhibit P1 THE PHOTOCOPY OF THE MARRIAGE
CERTIFICATE DATED 08/04/2024 HAVING
Exhibit P2 THE COPY OF THE ORDER OF THE
ADDITIONAL SESSIONS COURT -III,
MANJERI DATED 06/05/2024 IN CRL.M.P.
Exhibit P3 THE PHOTOCOPY OF THE RELEVANT PAGES
OF THE PASSPORT OF THE PETITIONER
BEARING NO. P2093616
Exhibit P4 THE COPY OF THE POLICE CLEARANCE
CERTIFICATE APPLICATION FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT.
