Telangana High Court
Padala Sai Kumar vs The Union Of India on 9 October, 2023
Bench: C.V. Bhaskar Reddy
THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY
WRIT PETITION NO.28108 OF 2023
ORDER:
The writ petition is filed seeking following relief:
"......to pass an order, direction or writ more particularly one in
the nature of WRIT OF MANDAMUS declaring the action of the
Respondent Nos. 3 and 4 in not issuing Police Clearance
Certificate to obtain Visa from United Kingdom Consulate in
pursuant to his application vide File No. HY4069910816917
dated 26.09.2023 to enable the Petitioner to travel aboard in
pursuance of his Employment under Passport No P7382001 as
illegal arbitrary and violative of Article 21 of the constitution of
India and consequently direct the Respondent Nos. 2 and 3 to
issue Police Clearance Certificate in the interest of justice......"
2. Heard the learned counsel for the petitioner and learned
Assistant Government Pleader for Home appearing for the
respondents.
3. The case of the petitioner is that he has been holding
passport vide No.P7382001, which is valid up to 29.01.2027. It is the
further case of the petitioner that he made a representation, vide File
No.HY4069910816917, dated 26.09.2023 on the file of respondent
Nos.3 and 4 for issuing Police Clearance Certificate, which is
required to obtain Visa to United Kingdom as the Visa authorities of
United Kingdom are insisting for Police Clearance Certificate. It is
the further case of the petitioner that the respondent-police have
refused to issue the said certificate on the ground that the petitioner
was arrayed as accused No.2 in CC No.497 of 2022 registered for the
offences punishable under Sections 304(A), 338, 337 of IPC and
Sections 180 and 182 of the Motor Vehicles Act on the file of the
Judicial First Class Magistrate, Medak. It is the further case of the
petitioner that he is only a lease holder of the suspected crime
vehicle and has no role in the alleged accident.
4. Learned Assistant Government Pleader for Home
appearing for respondent Nos.1 to 4, on instructions, would submit
that the petitioner was arrayed as accused No.2 in CC No.497 of 2022
on the file of the Judicial First Class Magistrate, Medak. In view of
the petitioner facing prosecution as accused, the respondent-police
have refused to issue Police Clearance Certificate and during the
pendency of the said case, the Police Clearance Certificate permitting
the petitioner to go abroad or for obtaining Visa cannot be issued.
5. This Court does not find any substance in the contention of
the respondents about the criminal case i.e. CC No.497 of 2022 which
is pending against the petitioner since 2022 and there is no merit in
the contention of the respondents and justification on the part of the
respondent-police in not issuing Police Clearance Certificate on the
ground that the case is pending against the petitioner. The Kerala
High Court in the case of Dr.Shahul Hameed v. Regional Passport
Officer 1 while deciding the similar issue held that the petitioner
therein is entitled for issuance of the Police Clearance Certificate
when there is no adverse information available to the police against
him which make him ineligible for grant of Police Clearance
Certificate.
6. In the instant case, when there is no adverse information
available with the police against the petitioner which disentitled to
have Police Clearance Certificate and when the Police Clearance
Certificate is mandatory for applying Visa for UK consulate, there is
absolutely no justification on the part of the respondent-police in not
issuing Clearance Certificate to the petitioner.
7. In view of the above, this Writ Petition is allowed directing
respondent Nos.3 and 4 to consider the request made by the
petitioner for issuance of the Police Clearance Certificate if there is
Judgment dated 08.08.2016 in W.P.(C)No.25839 of 2016 (D)
no adverse information against the petitioner available with the
police which disentitled him to have any such certificate within a
period of two (2) weeks from the date of receipt of a copy of this
order. No order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending
shall stand closed.
________________________
C.V. BHASKAR REDDY, J
Date: 09.10.2023
SUS
