Kerala High Court

WP(C)/15289/2025 of RAJESH R Vs UNION OF INDIA on 10 April 2025

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 WP(C) NO. 15289 OF 2025 PETITIONER: RAJESH R AGED 37 YEARS, S/O. M N RVENDRAN, REMYA BHAVAN, MAMPARA P.O., PERUNADU, RANNI, PATHANAMTHITTA.,

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE GOPINATH P.

THURSDAY, THE 10TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947

WP(C) NO. 15289 OF 2025

PETITIONER:

RAJESH R

AGED 37 YEARS, S/O. M N RVENDRAN,

REMYA BHAVAN, MAMPARA P.O., PERUNADU, RANNI, PATHANAMTHITTA., PIN – 689 711.

BY ADVS.

AMRIN FATHIMA

AKSHARA MOHAN

NEDHEER SHAFI T.A.

RESPONDENTS:

UNION OF INDIA

REPRESENTED BY SECRETARY,

MINISTRY OF EXTERNAL AFFAIRS, NEW DELHI., PIN – 110 001.

REGIONAL PASSPORT OFFICE

SNSM BUILDING, KARALKADA JUNCTION, PETTAH P.O., THIRUVANANTHAPURAM, PIN – 695 024, REPRESENTED BY REGIONAL PASSPORT OFFICER.

BY ADV. C.DINESH (DSGI-INCHARGE)

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

ADMISSION ON 10.04.2025, THE COURT ON THE SAME DAY

DELIVERED THE FOLLOWING:

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JUDGMENT

Petitioner has approached this Court, being aggrieved by the fact that his request for issuance of a Police Clearance Certificate has not been favourably considered by the 2nd respondent on account of the fact that a criminal case is pending against the petitioner.

2. Learned counsel appearing for the petitioner submits that the petitioner is an accused in C.C. No.425/2024 and which is pending on the file of the Judicial First Class Magistrate Court, Ranni, alleging commission of offences punishable under Sections 294(b), 324 and 506 of the Indian Penal Code.

3. Learned Central Government Counsel would submit that if this Court were to so direct, a customized Police Clearance Certificate can be issued to the petitioner. However, he points out that the petitioner has to obtain permission from the concerned Criminal Court to travel abroad.

4. Taking into consideration the submissions of the learned counsel appearing for the petitioner and the learned Central Government Counsel, the writ petition will stand disposed of, directing that if the petitioner were to produce permission from the Judicial First Class Magistrate Court, Ranni (where C.C. No.425/2024 is stated to be pending) permitting the petitioner to travel abroad, the 2nd respondent shall consider the issuance of a customized Police Clearance Certificate, mentioning the details of the case pending against the petitioner. The 2nd respondent shall endeavour to issue the Customized Police Clearance Certificate on production of the permission from the concerned court, without undue delay. Writ petition is ordered accordingly. Sd/- GOPINATH P. JUDGE ats

APPENDIX OF WP(C) 15289/2025 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE DATED 07.03.2025 BEARING REFERENCE NO. OBJ/321039857/25 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT

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