Kerala High Court
Dr. Vysakh V.K vs The Union Of India on 26 July, 2023
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945
WP(C) NO. 23443 OF 2023
AGAINST THE ORDER/JUDGMENT IN CC 448/2020 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I, PATHANAPURAM
PETITIONER/S:
DR. VYSAKH V.K.
AGED 33 YEARS
S/O. KUTTAN PILLAI, VIJAYA BHAVANAM, CHAVARA, KARUNAGAPPALLY,
KOLLAM, PIN - 691583
BY ADVS.
UTHARA A.S
C.UNNIKRISHNAN (KOLLAM)
NIDHI BALACHANDRAN
ANANDA PADMANABHAN
VIJAYKRISHNAN S. MENON
VIVEK NAIR P.
GOUTHAM KRISHNA U.B.
RESPONDENTS:
1 THE UNION OF INDIA
REPRESENTED BY IT'S SECRETARY TO GOVERNMENT, DEPARTMENT OF
MINISTRY OF EXTERNAL AFFAIRS, PATIALA HOUSE, NEW DELHI, PIN - 110001
2 THE PASSPORT OFFICER
REGIONAL PASSPORT OFFICE, TRIVANDRUM, SNSM BUILDING, KARALKADA
JUNCTION, PETTAH (P.O.), TRIVANDRUM, PIN - 695024
3 STATION HOUSE OFFICER
KUNNIKODE POLICE STATION, KOLLAM, PIN - 691508
BY DSGI - ADV. SRI. S.MANU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.07.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 23443 OF 2023
2
JUDGMENT
The petitioner is the holder of Passport No. N3039521 issued by the Regional Passport Officer, Thiruvananthapuram. He submitted an application for Police Clearance Certificate (PCC) before the 2nd respondent on 3.7.2023. The grievance of the petitioner is that the PCC is not yet issued by the 2nd respondent.
2. A statement has been filed on behalf of the 2 nd respondent wherein it is stated that the petitioner has not submitted any explanation pursuant to Ext.P7. Paragraph (4) of the statement is extracted hereunder.
"4. When crime cases are pending this RPO issues a customized PCC, making necessary changes in the PCC specimen given in Appendix 16 of the Passport Manual, mentioning the pendency of the crime along with permission to go abroad as per directions issued by the concerned Courts. This system for issuance of PCC has been adopted in view of the recent judgments by this Hon'ble Court in this regard".
3. It is submitted by the petitioner that he is arrayed as an accused in C.C. No.448/2020 pending before WP(C) NO. 23443 OF 2023 3 the Judicial First Class Magistrate Court, Pathanapuram arising from Crime No.188/2020 of Kunnikode Police station. He further submits that he is entitled to get PCC despite the pendency of the criminal case. It is also submitted that the proceedings before the Judicial First Class Magistrate Court in C.C. No.448/2020 is stayed by this Court in Crl.M.C. No.4912/2023 vide Ext.P4 order.
4. In view of paragraph(4) of the statement extracted above, there will be a direction to the 2 nd respondent to issue Police Clearance Certificate mentioning the pendency of the criminal case as well as the order of stay passed by this Court in Crl. M.C. No.4912/2023. This shall be done within a period of one week from the date of receipt of a certified copy of this judgment.
The writ petition is disposed of as above.
Sd/-
MURALI PURUSHOTHAMAN JUDGE AL/-
WP(C) NO. 23443 OF 2023 4 APPENDIX OF WP(C) 23443/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE FIR IN CRIME NO 188/20 OF KUNNIKKODE POLICE STATION Exhibit P2 TRUE COPY OF THE FINAL REPORT IN CRIME NO.
188/2020 OF KUNNIKKODE POLICE STATION Exhibit P3 TRUE COPY OF THE ACCIDENT CUM WOUND CERTIFICATE ISSUED TO THE DE FACTO COMPLAINANT DATED 6/2/20 Exhibit P4 A TRUE COPY OF THE ORDER DATED 26/6/23 IN CRL MC NO 4912/23 OF THIS HON'BLE COURT Exhibit P5 A TRUE COPY OF THE NOTIFICATION DATED 10/5/23 ISSUED BY THE DALI, UNIVERSITY, CHINA Exhibit P6 A TRUE COPY OF THE CIRCULAR NO 14/2022/PHQ DATED 7/5/22 ISSUED BY THE KERALA POLICE CHIEF. Exhibit P7 A TRUE COPY OF THE COMMUNICATION DATED 7/7/23 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER