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.

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, Jharkhand. Thus, the Petitioner was constrained to approach the Hon'ble High Court of Jharkhand at Ranchi for the grant of anticipatory bail. The Hon'ble High Court of Jharkhand at Ranchi vide order dated 10th December, 2019 in A.B.A No. 6503/2019 titled Sourav Sen Gupta v. The State of Jharkhand & Anr. granted anticipatory bail to the Petitioner. The Petitioner is also stated to have deposited certain amounts as ad interim victim compensation.

5. Due to his professional service commitments, the Petitioner sought permission to leave India and move to Australia vide Crl. M.P. No. 4374/2019 titled Sourav Sen Gupta v. The State of Jharkhand & Anr. before the Hon'ble High Court of Jharkhand at Ranchi. Therein, vide order dated 5th June, 2020, the High Court of Jharkhand at Ranchi allowed the Petitioner to leave India subject to certain conditions. The relevant part of the order is as under:

"Considering the aforesaid submission of the learned counsel for the petitioner and the fact that the petitioner is employed as Branch Concierge in Commonwealth Bank at Australia presently posted at Victoria, Australia, and he undertakes to retain the mobile phone number, which he has submitted before the trial court at the time of his surrender and in case of any change in the said number, he will inform the new mobile phone number to the trial court by submitting the same to the trial court and that he will appear before the trial court as and when the trial court directs him to appear in person during the course of trial, the petitioner is exempted from the conditions as mentioned in Section 438 (2) (iii) Cr.P.C. and he is permitted to leave India and only to remain in the country namely Australia and to come back to India again.

It is made clear that if the petitioner violates the direction of the trial court to remain present in person during the trial, the trial court will be at liberty to cancel the bail granted to him without any reference to this Court.

This criminal miscellaneous petition is disposed of accordingly."

6. In view of the aforementioned order of the Hon'ble High Court of Jharkhand at Ranchi the Petitioner was given a police clearance certificate on 18th November, 2020 which was valid till 18th November, 2021.

7. In June, 2022 in order to enable him to join his professional service commitments in Australia, the Petitioner submitted documents for issuance of Australian visa before the Respondent No.1 - Ministry of External Affairs (MEA). Therein, he received information that police clearance certificate was required for him to seek issuance of the Australian visa as the earlier police clearance certificate had expired. It was also revealed to him that the same was being withheld due to an adverse police report by the concerned police authorit