PRATHIBA M.SINGH
Saurav Sen Gupta – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. factual background of petitioner’s case (Para 2 , 3 , 4 , 5) |
| 2. issues surrounding police clearance certificate (Para 6 , 7 , 8) |
| 3. resolution of ongoing legal issues (Para 9 , 10) |
| 4. court findings on marriage and acquittal (Para 11 , 12) |
| 5. conclusion and directive for pcc issuance (Para 14 , 15 , 16) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
2. The Petitioner - Mr. Saurav Sen Gupta has filed the present petition seeking directions to the Respondents to issue police clearance certificate in his favour.
3. The Petitioner is an Indian passport holder having passport no. M6528402 which was issued to him on 18th February, 2015 and is valid up to 17th February, 2025. He was married on 22nd January, 2016 and found a job with the Commonwealth Bank, Australia. Accordingly, an employment agreement was executed between the Petitioner and his employer.
4. In 2019, matrimonial disputes arose between the Petitioner and his wife resulting in FIR No. 17/2017 under Sections 498A/323/341/420/120B/504/506/34 of the Indian Penal Code, 1860 and Section 3/4 of the Dowry Prohibition Act, 1961 being registered against him in Jamshedpur, J
The issuance of a police clearance certificate cannot be denied solely based on past criminal proceedings if the individual has been acquitted and matrimonial disputes are resolved.
Pending criminal case does not bar police clearance certificate if trial court grants travel permission.
A citizen is entitled to obtain a Customized Police Clearance Certificate while criminal proceedings are pending, provided they have secured court permission to travel and obtain such clearance.
Judgment clarifies the protocol for issuing police clearance certificates to individuals accused in pending criminal cases.
A Police Clearance Certificate can be issued even if there are pending criminal cases, subject to court approval.
The Court allows travel abroad for individuals with pending criminal cases, contingent upon obtaining a customized Police Clearance Certificate and court permission.
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