Vijesh K.K vs Union Of India
2024 Latest Caselaw 28619 Ker

Kerala High Court

Vijesh K.K vs Union Of India on 26 September, 2024

                                                2024:KER:71651
WP(C) NO. 33550 OF 2024

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            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

             THE HONOURABLE MR.JUSTICE BASANT BALAJI

 THURSDAY, THE 26TH DAY OF SEPTEMBER 2024 / 4TH ASWINA, 1946

                      WP(C) NO. 33550 OF 2024

PETITIONER/S:

           VIJESH K.K.,
           AGED 34 YEARS
           S/O. VIJAYAN K.K.,
           RESIDING AT KOTTAKADAVU HOUSE,
           ARANGADY, HOSDURG TALUK,
           KASARAGOD DISTRICT, PIN - 671315


           BY ADVS.
           T.MADHU
           C.R.SARADAMANI
           RENJISH S. MENON
           AISWARYA JAYAPAL
           ALEENA JOSE




RESPONDENT/S:

     1     UNION OF INDIA,
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
           MINISTRY OF EXTERNAL AFFAIRS,
           GOVERNMENT OF INDIA,
           NEW DELHI,
           PIN - 110001

     2     REGIONAL PASSPORT OFFICER,
           REGIONAL PASSPORT OFFICE,
           KOZHIKODE, ERANHIPALAM POST,
           KOZHIKODE DISTRICT, PIN - 673006
                                                           2024:KER:71651
WP(C) NO. 33550 OF 2024

                                   2


     3     THE STATION HOUSE OFFICER,
           HOSDURG POLICE STATION, KASARAGOD DISTRICT,, PIN -
           671315


           R1 BY ADV.T.C.KRISHAN, DSG
           R2 & R3 BY ADV SRI. SREEJITH V.S, GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   26.09.2024,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                   2024:KER:71651
WP(C) NO. 33550 OF 2024

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                          JUDGMENT

The petitioner has approached this court for a direction

to the 2nd respondent to issue a Police Clearance Certificate to

the petitioner based on Ext.P4 application within a time frame.

2. Heard the learned counsel appearing for the

petitioner, the learned DSG for respondents 1 and 3, and the

learned Government Pleader for the 3rd respondent.

3. The petitioner is the accused in C.C.No.423/2020

in Crime No.57/2020 on the file of Hosdurg Police Station for

the offense punishable under Sections 143, 147, 447 341, 324

r/w Section 149 IPC. By Ext.P3, the learned Magistrate has

granted exemption of personal appearance until further orders

on certain conditions. Exts. P5 to P7 are similar judgments

passed by this Court in similar situations.

In such circumstances, there will be a direction to the

2nd respondent to consider the P.C.C. application submitted by

the petitioner which is evidenced by the online appointment

receipt produced as Ext.P4 and issue the same by endorsing 2024:KER:71651 WP(C) NO. 33550 OF 2024

the pendency of the criminal case and permit him to go abroad.

This shall be done within a period of two weeks from the date of

receipt of a copy of this judgment.

The Writ Petition is disposed of accordingly.

Sd/-

BASANT BALAJI JUDGE SPV 2024:KER:71651 WP(C) NO. 33550 OF 2024

APPENDIX OF WP(C) 33550/2024

PETITIONER'S EXHIBITS

EXHIBIT-P1 THE TRUE COPY OF THE RELEVANT PORTION OF THE PASSPORT OF THE PETITIONER

EXHIBIT-P2 THE TRUE COPY OF THE PROCEEDINGS DATED 4/10/2023 ISSUED BY THE SECOND RESPONDENT

EXHIBIT-P3 THE TRUE COPY OF THE ORDER DATED 24/5/2024 IN CMP NO.2878/2024 IN C.C.NO.423/2020 ON THE FILES OF THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, HOSDURG

EXHIBIT-P4 THE TRUE COPY OF THE APPLICATION FOR POLICE CLEARANCE CERTIFICATE SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT THROUGH ONLINE DATED 19/9/2024

EXHIBIT-P5 THE TRUE COPY OF THE JUDGMENT DATED 8/8/2016 IN W.P.(C)NO.25839/2016 ON THE FILES OF THIS HONOURABLE COURT

EXHIBIT-P6 THE TRUE COPY OF THE JUDGMENT DATED 18/3/2022 IN W.P.(CRL) NO.155/2022 ON THE FILES OF THIS HONOURABLE COURT

EXHIBIT-P7 THE TRUE COPY OF THE JUDGMENT DATED 14/11/2023 IN W.P.(C)NO.37717/2023 ON THE FILES OF THIS HONOURABLE COURT

RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

PA TO JUDGE