Kerala High Court
Akshay Kiran @ Arjun vs State Of Kerala on 3 February, 2023
Author: K. Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
CRL.MC NO. 662 OF 2023
AGAINST CC 960/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS - II,
PERAMBRA
(CRIME NO.65/2020 OF ATHOLY POLICE STATION)
PETITIONER/ACCUSED NO.4:
AKSHAY KIRAN @ ARJUN,
AGED 25 YEARS,
S/O SURESH,
THATTUMPURATH HOUSE, EDAKKARA P.O, CHELANNUR VIA
THALAKKULATHUR, KOZHIKODE, PIN - 673616
BY ADVS.
SHARAN SHAHIER
RAKHY BABY
RESPONDENTS/STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROCECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 REGIONAL PASSPORT OFFICER,
OFFICE OF THE REGIONAL PASSPORT OFFICE,
BYPASS ROAD NEAR CO- OPERATIVE HOSPITAL,
ERANHIPPALAM P.O, KOZHIKODE, KERALA, PIN - 673006
3 THE PASSPORT OFFICER,
PASSPORT OFFICE, KOZHIKODE, PIN - 673001
BY ADVS.
G.SUDHEER, PUBLIC PROSECUTOR
MANU S. DSG OF INDIA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.02.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.662 of 2023
2
K.BABU, J.
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Crl.M.C.No.662 of 2023
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Dated this the 3rd day of February, 2023
ORDER
The petitioner seeks a direction to respondent No.2 to provide a Police Clearance Certificate so as to facilitate him to obtain a travel document to go abroad.
2. The petitioner is the accused in Crime No.65/2020 of Antholy Police Station registered alleging offences punishable under Sections 498-A and 406 of IPC, which is now pending as C.C No.960/2020 on the file of the Judicial First Class Magistrate Court- II, Perambra.
3. The petitioner finds it difficult to obtain a travel document to go abroad from the competent authority due to the pendency of the criminal proceedings before the Magistrates' Court.
4. Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned Central Government Standing Counsel.
5. The petitioner holds the Indian passport bearing No.R0378851. The petitioner applied for the Police Clearance Crl.M.C.No.662 of 2023 3 Certificate before respondent No.2. Respondent No.2 rejected the application stating that a criminal case is pending against the petitioner.
6. As per Clause (f) of sub-section (2) of Section 6 of the Passports Act, 1967, the passport authority shall refuse to issue a travel document for visiting any foreign country on the ground that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal Court in India. As per notification dated 25.08.1993, issued by the Ministry of External Affairs, the Government of India has exempted citizens of India, against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal Court in India, who produce orders from the Court concerned permitting them to depart from India, from the operation of the provisions of Clause (f) of sub-section (2) of Section 6 of the Passports Act, 1967.
7. In the present case, the petitioner faces charges alleging offences under Sections 498-A and 406 of IPC which arose from a family dispute.
8. In Jayan V.M v. Union of India [2018 (4) KLT 1077], while Crl.M.C.No.662 of 2023 4 considering the scope of Section 6 of the Passports Act, this Court held that mere property disputes or family disputes leading to registration of a crime cannot be within the legislative contemplation to deprive a person of his or her fundamental right, the right to travel.
9. Having considered the nature of the allegations levelled against the petitioner in the crime registered against him, I am of the view that the petitioner shall not be deprived of his right to travel abroad for obtaining a job.
10. Therefore, I permit the petitioner to go abroad to seek a job, notwithstanding the pendency of a criminal case registered against him.
11. While considering a similar fact situation this Court in W.P(C) Nos.17204/2021 and 34229/2022 has directed issuance of the Police Clearance Certificate stating the pendency of the criminal case against the parties concerned by making appropriate changes in the standard format.
In the light of the orders of this Court in the above referred writ petitions, this Criminal M.C is disposed of with the following Crl.M.C.No.662 of 2023 5 directions:
(i) Respondent No.2 is directed to issue the Police Clearance Certificate to the petitioner, stating that there is a criminal case pending against the petitioner and that this Court has permitted him to go abroad to pursue his employment.
(ii) Such a certificate can be issued by making appropriate changes in the specimen format (Appendix-32 of the Passport Manual).
Sd/-
K.BABU, JUDGE KAS Crl.M.C.No.662 of 2023 6 APPENDIX OF CRL.MC 662/2023 PETITIONER ANNEXURES Annexure1 A TRUE COPY OF THE FIR & FINAL REPORT IN CRIME NO.65/2020 OF ATHOLY POLICE STATION DATED 15.2.2020 Annexure 2 A TRUE COPY OF THE CERTIFICATE DATED 17.1.2023 Annexure 3 A TRUE COPY OF THE OBJECTION WITH REFERENCE TO THE PCC APPLICATION DATED 27.12.2022 ISSUED BY THE 2ND RESPONDENT