Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944 PETITIONER/S: MUNEER, AGED 41 YEARS S/O SHAMSUDEEN, KATTAYATH KIZHAKKATHIL, PALLISSERICKAL P.O., SASTHAMCOTTA, KOLLAM - 690521, NOW RESIDING AT SUBAHANA MANZIL, PALLISSERICKAL P.O., SASTHAMCOTTA, KOLLAM-690521. BY ADVS. K.S.ARUN KUMAR RAJEE P MATHEWS AMRUTHA K P VIJAY SANKAR V.H. AMRUTHA P S AISWARYA E J VETTIKOMPIL RESPONDENTS: 1 PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, SNSM BUILDING, KARALKADA JUNCTION, PETTAH P.O., TRIVANDRUM - 690524. 2 DISTRICT POLICE CHIEF, OFFICE OF DISTRICT POLICE CHIEF, KOLLAM-691001. 3 STATION HOUSE OFFICER, SASTHAMCOTTA POLICE STATION, KOLLAM-690521. 4 STATION HOUSE OFFICER, SOORANADU POLICE STATION, KOLLAM-690520. CGC SMT. S.KRISHNA GOVERNMENT PLEADER SRI.JIMMY GOERGE FOR R2 TO R4. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner is a holder of Indian Passport bearing No. N2772125 which is valid up to 17.09.2025. He has got a job in Kuwait and for the purpose of getting a Visa to Kuwait, the petitioner applied for a police clearance certificate. However, he was informed by the 1st respondent that the police verification report corresponding to the application for police clearance certificate is adverse as the petitioner is accused in 12 cases. The petitioner submits that he has been acquitted/discharged in all these cases. He has therefore approached this Court for a direction to the 1st respondent to issue favourable police clearance certificate.
2. Heard the counsel for the petitioner, learned Central Government Counsel Smt. S.Krishna for the 1st respondent and the learned Government Pleader for respondents 2 to 4.
3. This Court has taken a consistent stand that
even if criminal cases are pending against the applicant, police clearance certificate can be issued with endorsement regarding the cases pending against the applicant. Since it is stated in the police verification report that cases are still pending against the petitioner, which is disputed by him, the 1st respondent shall obtain fresh police verification report pursuant to the application of the petitioner for passport facilities and take necessary steps to issue police clearance certificate in accordance with law. This shall be done within a period of one month from the date of receipt of a copy of this judgment.
Sd/- MURALI PURUSHOTHAMAN JUDGE al/- APPENDIX OF WP(C) 20877/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PASSPORT OF THE PETITIONER WITH PASSPORT NO. N2772125. Exhibit P2 A TRUE COPY OF ENTRY VISA RECEIVED TO THE PETITIONER DATED 24.05.2022. Exhibit P3 A TRUE COPY OF THE LETTER DATED 18.05.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. Exhibit P4 A TRUE COPY OF THE LETTER DATED 01.06.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P5 REPLY DATED 09.06.2022 TO THE 1ST RESPONDENT WITH REGARD TO EXHIBIT P4 LETTER. Exhibit P6 REPLY DATED 24.06.2022 TO THE 1ST RESPONDENT WITH REGARD TO EXHIBIT P4 LETTER Exhibit P7 THE COPY OF THE ORDER IN CRIME NO. Exhibit P7 A THE COPY OF THE JUDGEMENT IN CRIME NO. 920/2010 DATED 29.09.2015. Exhibit P7 B THE COPY OF THE ORDER IN CRIME NO. Exhibit P7 C THE COPY OF THE JUDGEMENT IN CRIME NO. 220/2011 DATED 30.11.2018. Exhibit P7 D THE COPY OF THE ORDER IN CRIME NO. Exhibit P7 E THE COPY OF THE OFFICIAL MEMORANDUM IN CRIME NO. 829/2018 DATED 06.06.2022. Exhibit P7 F THE COPY OF THE ACKNOWLEDGMENT
RECEIPT IN CRIME NO. 1473/2014 OF SOORANADU POLICE STATION WHICH IS CLUBBED WITH CRIME NO. 1474/2014 OF SASTHAMCOTTA POLICE STATION DATED 23.06.2022. Exhibit P7 G THE COPY OF THE ORDER IN CRIME NO. STATION DATED 21.06.2022 Exhibit P7 H THE COPY OF THE ORDER IN CRIME NO. STATION DATED 21.06.2022. Exhibit P7 I THE COPY OF THE ORDER IN CRIME NO. STATION DATED 20.06.2022.