Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH WEDNESDAY, THE 31ST DAY OF JULY 2024 / 9TH SRAVANA, 1946 WP(C) NO. 27345 OF 2024 PETITIONER/S: FOUSIYA, AGED 53 YEARS D/O AMU, SIYAD HOUSE, CHENAKKUZHIPPADAM, CHERUVANNUR VILLAGE, NALLALLAM P.O, KOZHIKODE DISTRICT, PIN - 673027 BY ADVS. K.R.ARUN KRISHNAN DEEPA K.RADHAKRISHNAN JISSMON A KURIAKOSE SANAL C.S SIDHARTHAN M.T. RESPONDENT/S: 1 THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DISTRICT POLICE CHIEF, KOZHIKODE DISTRICT, PIN - 673027 3 THE STATION HOUSE OFFICER, NALLALAM POLICE STATION, KOZHIKODE DISTRICT, PIN - 673027 4 REGIONAL PASSPORT OFFICER, PASSPORT OFFICE, KOZHIKODE, PIN - 673027 5 UNION OF INDIA, REP BY ITS SECRETARY TO GOVT., MINISTRY OF EXTERNAL -2- AFFAIR'S, NEW DELHI, PIN - 100001 OTHER PRESENT: SRI. T.C. KRISHNA-DSG, SRI. BINOY DAVIS-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -3-
JUDGMENT
The present writ petition has been filed seeking the following reliefs:
“(i) to issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2nd and 3rd respondents to issue a Police Clearance Certificate or Noninvolvement in offences Certificate (NIOC) to the petitioner based on Ext. P4 application submitted by her o as to enable the petitioner to produce the same for the purpose of her VISA to Kuwait.
(ii) Dispense the production of translated copies of vernacular documents produced along with this writ petition.
(iii) To pass such other appropriate orders or directions as this Hon'ble Court deem fit and proper in the interest of justice.”
2. Learned Counsel for the 4th respondent submits that
the petitioner cannot be issued a Police Clearance Certificate when a criminal case is pending against her. However, the Regional Passport Authority can issue a customized Police Clearance Certificate in view of this Court's judgment in Siju -4- v. Regional Passport Officer1.
3. Considering the 4th respondent's stand, the present
writ petition is disposed of with a direction to expeditiously consider the petitioner's application for issuing a customized Police Clearance Certificate, as directed by this Court in the case of Siju (supra). Sd/- DINESH KUMAR SINGH JUDGE jjj 2021 SCC OnLine Ker 9667 -5- APPENDIX OF WP(C) 27345/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF FIR IN CRIME NO. 281/2024 DATED Exhibit P2 CERTIFIED COPY OF ORDER DATED 25/6/2024 IN CMP NO. 2006/2024 IN CRIME NO. 281/2024 OF NALLALAM POLICE STATION PASSED BY THE JFCM-V, KOZHIKODE Exhibit P 3 A TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT BEARING NO. S7873884 DATED 27/11/20218 OF THE PETITIONER Exhibit P 4 A TRUE COPY OF THE PCC APPLICATION FORM SUBMITTED BY THE PETITIONER DATED 27/7/2024 THROUGH ONLINE Exhibit P5 A TRUE COPY OF ONLINE APPOINTMENT RECEIPT ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER ASKING HER TO APPEAR DATED 04.7.2024 Exhibit P6 A TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DATED 10/06/2021 IN WP(C) 12002/2021