Kerala High Court
Jithin Kuzhikkattu Gopi vs Union Of India on 1 November, 2024
WP(C) NO. 38075 OF 2024 1
2024:KER:81312
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
WP(C) NO. 38075 OF 2024
PETITIONER:
JITHIN KUZHIKKATTU GOPI,
AGED 32 YEARS
S/O.GOPI KUZHIKKATTU DEVSDASAN, KUZHIKKATTU
HOUSE, METHALA P.O., KODUNGALLOOR VILLAGE,
KODUNGALLUR TALUK, THRISSUR, PIN - 680669
BY ADVS.
SREEKANTH K.M.
T.P.RASHMY
ARJUN T. PRADEEP
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY, MINISTRY OF
EXTERNAL AFFAIRS, NEW DELHI, PIN - 110001
2 REGIONAL PASSPORT OFFICER,
REGIONAL PASSPORT OFFICE, SHIHAB THANGAL ROAD,
PANAMPILLY NAGAR, KOCHI, ERNAKULAM, PIN - 682036
BY ADV.
DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
This W.P.(C) is filed by the petitioner seeking the following
reliefs:
"(i) issue a writ of mandamus or such other writ, direction or
order compelling the 2nd respondent to consider and pass order on
merits in Ext.P3 application affording opportunity of hearing the
petitioner within a time frame to be fixed by this Hon'ble Court;
(ii) issue a writ of mandamus or such other writ, direction or
order directing the 2nd respondent to issue PCC with immediate
effect in order to secure to opportunity to join his job at Overseas.
(iii) issue such other writ or direction this Hon'ble Court may
deem fit to pass in the circumstance of the case."
2. Petitioner had sought a police clearance certificate as
envisaged under the Passport Act, 1967, so as to enable him to travel
abroad to pursue his employment. The same was declined, pointing out
that he had been arrayed as an accused in Crime No. 829/2021 of
Kaipamangalam Police station charged with offences under Sec. 143,
147, 148, 341, 323, 324, 294 (b), 506 (i), 149 of the IPC and that the said
case is presently pending consideration before the Judicial First Class
Magistrate Court (JFCM), Kodungallur as CC No.111/2022. Petitioner
hence preferred a petition before the JFCM, Kodungallur seeking
exemption from personal appearance in court and to allow him to travel
abroad. The said petition was allowed by the JFCM vide Ext.P5 which
mandated an enumerated list of conditions to be complied with so as to
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avail the exemption granted. Petitioner complied with the said conditions
and filed an affidavit in the said respect. There after, taking note of the
permission granted by the JFCM and the compliance of the conditions by
the petitioner, the Kodungallur Police issued a police clearance certificate
to the petitioner. Petitioner's grievance is that the 2nd respondent has not
acted upon the above thus jeopardizing his proposed travel abroad.
Hence he has filed the above W.P.(C) seeking the above said reliefs.
3. Heard the learned counsel appearing for the petitioner and the
learned Standing Counsel appearing for the respondents.
4. It is submitted by the learned counsel appearing for the 2nd
respondent that as per Chapter 14 of the Passport Manual, 2020 the
Police Clearance Certificate ought to specifically state that there is no
police case against the person concerned. In so far as a police case has
admittedly been registered against the petitioner, he cannot avail a Police
Clearance Certificate.
5. At this point, the learned counsel for the petitioner points to the
dictum as laid down by this Court in Siju v. Regional Passport Officer
(2021 SCC OnLine Ker 9667) and submits that same squarely applies to
the case of the petitioner. It is noted that in the said case, this court has
after taking note of the dictum laid down in Jayan v. Union of India
[(2018) 4 KLT 1077] wherein it was observed that mere registration of a
crime does not invoke either Section 6 or Section 10 of the Passport Act,
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held as follows:
"7. In view of the above, notwithstanding the crime
registered against the petitioner as Crime No.187/2021,
there is no bar in issuing a passport to the petitioner. This
is on account of two reasons (i) No "criminal proceedings"
are pending in any court as contemplated under law, and
(ii) even if it is deemed to be pending, since the petitioner
has obtained permission from the Magistrate's Court, he
can be issued with a valid passport. If the petitioner can
be issued with a passport, then it fails all logic to refuse to
issue him a police clearance certificate by the Passport
Authorities".
6. In view of the above, this W.P.(C) is disposed of with the
following direction:
7. Upon the petitioner presenting a copy of this judgment before the
2nd respondent, the said respondent shall issue a Police Clearance
Certificate stating that a criminal case is pending against the petitioner
and that the concerned criminal court has permitted the petitioner to go
abroad to pursue his employment. The said certificate will be issued by
making appropriate changes to the specimen contained in Appendix 32 of
the Passport Act. The 2nd respondent shall endeavor to complete the said
process and issue the relevant clearance expeditiously and possibly by
04.11.2024.
The Writ Petition is disposed of as above.
Sd/-
SYAM KUMAR V.M.
JUDGE
csl
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APPENDIX OF WP(C) 38075/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE PASSPORT
NO.X7235209 DATED 29/03/2023 ISSUED FROM
PASSPORT OFFICER, PASSPORT OFFICE,
COCHIN
Exhibit P2 THE TRUE COPY OF THE VISA NO. 0037615
DATED 30/09/2024 ISSUED FROM CONSULATE
GENERAL OF HUNGARY, MUMBAI
Exhibit P3 THE TRUE COPY OF APPLICATION FORM NO.
ARN:24-1012422475 DATED 21/10/2024
BEFORE THE MINISTRY OF EXTERNAL AFFAIRS,
GOVERNMENT OF INDIA
Exhibit P4 THE TRUE COPY OF THE PETITION CMP
NO.4438/2024 IN C.C.NO.111/2022 BEFORE
THE JUDICIAL FIRST CLASS MAGISTRATE
COURT, KODUNGALLOOR
Exhibit P5 THE TRUE COPY OF THE COMMON ORDER IN CMP
NO.4414/2024 & 4438/2024 IN CC
NO.111/2022 BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, KODUNGALLOOR
DATED 23/08/2024
Exhibit P6 THE TRUE COPY OF THE ACKNOWLEDGEMENT OF
RECEIPT OF THE PAYMENT OF RECEIPT DATED
09.10.2024
