Girin vs Union Of India
2025 Latest Caselaw 8376 Ker

Kerala High Court

Girin vs Union Of India on 29 April, 2025

                                                        2025:KER:33396
WP(C) NO. 16932 OF 2025

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                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                    THE HONOURABLE MR. JUSTICE S.MANU

         TUESDAY, THE 29TH DAY OF APRIL 2025 / 9TH VAISAKHA, 1947

                          WP(C) NO. 16932 OF 2025

  CRIME NO.384/2023 OF PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA

            ORDER DATED 20.03.2025 IN SC NO.632 OF 2023 OF ADDITIONAL

         DISTRICT COURT & SESSIONS COURT - II, PATHANAMTHITTA / II

                               ADDL.M.A.C.T.


PETITIONERS:

             GIRIN
             AGED 25 YEARS
             S/O BHASKARAN, GIRISH BHAVANAM, MALLASSERY P.O, PRAMADOM
             VILLAGE, KONNY TALUK, PATHANAMTHITTA DISTRICT, PIN -
             689646


             BY ADV AJEESH K.SASI


RESPONDENTS:

     1       UNION OF INDIA
             REPRESENTED BY ITS SECRETARY, MINISTRY OF EXTERNAL
             AFFAIRS, SOUTH BLOCK, NEW DELHI, PIN - 110011

     2       THE REGIONAL PASSPORT OFFICER
             REGIONAL PASSPORT OFFICE KAITHAMUKKU PETTA ROAD,
             THIRUVANATHAPURAM, PIN - 695024

     3       STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM, PIN - 682031


             BY ADV C.DINESH
                                                                   2025:KER:33396
WP(C) NO. 16932 OF 2025

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OTHER PRESENT:

            SRI. E.G. GORDEN, G.P


     THIS   WRIT   PETITION   (CIVIL)       HAVING   COME   UP   FOR   ADMISSION   ON

29.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                   2025:KER:33396
WP(C) NO. 16932 OF 2025

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                                  S.MANU, J.
                 --------------------------------------------------
                         W.P.(C).No.16932 of 2025
                 -------------------------------------------------
                   Dated this the 29th day of April, 2025

                                 JUDGMENT

Petitioner claims that he has got a job offer from Kuwait and has

to join duty shortly. He is the 3 rd accused in Crime No.384/2023 of

Pathanamthitta Police Station for the offences punishable under Sections

294(b), 451, 323 and 308 r/w 34 of IPC. Now the case is pending as S.C

No.632/2023 before the Additional Sessions Court - II, Pathanamthitta.

The said court has granted the application submitted by the petitioner for

permission to go abroad by order dated 20.03.2025.

2. After obtaining permission from the Additional

Sessions Court, petitioner submitted a request for police clearance

certificate. Since the same was not issued by the 2 nd respondent, petitioner

approached this Court.

3. The learned Senior Panel Counsel - Sri.C.Dinesh

appearing for the respondents 1 and 2 filed a statement. It is stated therein

that police clearance certificate can be issued only after receipt of clear 2025:KER:33396 WP(C) NO. 16932 OF 2025

verification reports from police authorities. In the case of the petitioner,

verification report is adverse pointing out pendency of S.C No.632/2023.

3. The learned counsel for the petitioner submitted that

the petitioner will be satisfied, if a customized police clearance certificate is

issued by the 2nd respondent stating the pendency of the criminal

proceedings. This request is reasonable.

I therefore, dispose the writ petition directing the 2nd respondent

to issue customized police clearance certificate to the petitioner at the

earliest.

Sd/-

S.MANU

JUDGE rp 2025:KER:33396 WP(C) NO. 16932 OF 2025

APPENDIX OF WP(C) 16932/2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PETITION DATED 14.02.2025 IN CRL.M.P.NO.1371/2025 IN S.C.NO.632/2023 BEFORE THE COURT OF THE ADDITIONAL SESSIONS -II, PATHANAMTHITTA.

Exhibit P2 TRUE COPY OF THE ORDER DATED 20.03.2025 IN CRL.M.P.NO.1371/2025 IN S.C.NO.632/2023 OF THE COURT OF THE ADDITIONAL SESSIONS -II, PATHANAMTHITTA.