Gujarat High Court
Patel Ankurbhai Shapurji vs State Of Gujarat on 29 October, 2021
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
R/SCR.A/9799/2021 ORDER DATED: 29/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 9799 of 2021
==========================================================
PATEL ANKURBHAI SHAPURJI
Versus
STATE OF GUJARAT & 2 other(s)
==========================================================
Appearance:
MR YASH K DAVE(10269) for the Applicant(s) No. 1
VISHAL K ANANDJIWALA(7798) for the Applicant(s) No. 1
NOTICE SERVED BY DS(5) for the Respondent(s) No. 4
NOTICE SERVED(4) for the Respondent(s) No. 2,3
MS SHRUTI PATHAK, APP (2) for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 29/10/2021
ORAL ORDER
1. Heard Mr. Vishal Anandjiwala, learned advocate for the petitioner, Ms. Shruti Pathak, learned APP for the respondent- State and Mr. Kshitij Amin, learned advocate for the respondent no.4.
2. By this application under Article 227 of the Constitution of India, the petitioner has prayed for following reliefs:
"(b) that your lordship be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent no.2 to issue a police clearance certificate as regards the pendency of the prosecution against the petitioner and the current status of such proceedings;
(d) that your lordship be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, directing the respondent no.2 and 3 to issue a police clearance certificate as regards the pendency of the prosecution against the petitioner and the current status of such proceedings;
(e) that your lordship be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any Page 1 of 3 Downloaded on : Sat Oct 30 09:53:50 IST 2021 R/SCR.A/9799/2021 ORDER DATED: 29/10/2021 other appropriate writ, order or direction, directing the respondent no.4 to obtain the police clearance certificate of the petitioner from either the respondent no.2 or 3 as regards the pendency of the prosecution against the petitioner and the current status of such proceedings;"
3. The brief facts leading to filing of present petition are that on 10.08.2019, the offence being C.R. No.II-3077 of 2019 was registered with Khambholaj Police Station, Anand for the offence punishable under Sections 323, 504, 506(2) and 114 of IPC and finally the investigating agency has filed charge-sheet which culminated into Criminal Case No.40 of 2020. The petitioner has applied for VISA of Australia for which the Home Affairs, Australia Government needs police clearance certificate as criminal case is pending against the petitioner. In the aforesaid facts, the petitioner prays for issuance of necessary direction directing the respondents to issue police clearance certificate.
4. The petitioner has placed on record his online appointment receipt and the appointment is fixed on 03.11.2021.
5. In view of aforesaid facts, without going into merits of the case, pending the prosecution, the respondents no.2 and 3 are directed to issue police clearance certificate against the present petitioner in accordance with law and respondent no.4 shall obtain the same and process accordingly. Let this exercise be completed within a period of 15 days from the date of receipt of this order.
6. Mr. Vishal Anandjiwala, the learned advocate appearing for the petitioner submitted that it is not in dispute that there Page 2 of 3 Downloaded on : Sat Oct 30 09:53:50 IST 2021 R/SCR.A/9799/2021 ORDER DATED: 29/10/2021 is a criminal prosecution pending against his client since 2019. He requested before the concerned Police Station to issue a certificate in that regard. However, for the reasons best known to the concerned Police Station, the same was not issued. Without going into the merit or demerit of the case, I may only say that the petitioner shall once again apply for the Police Clearance Certificate before the concerned Police Station, and the concerned Police Station shall issue a certificate as regards the pendency of the prosecution against the petitioner and the status of such proceedings as on today. This exercise shall be completed within a period of three weeks.
7. With the above, this petition is disposed of. Direct service is permitted.
(ILESH J. VORA,J) TAUSIF SAIYED Page 3 of 3 Downloaded on : Sat Oct 30 09:53:50 IST 2021