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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J.
Sherin S, S/o Shajahan - Appellant
Versus
The Regional Passport Office - Respondent
WP(C) No. 16370 of 2025
Decided on : 02-05-2025
| Table of Content |
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| 1. applicant seeks police clearance certificate (Para 1 , 2) |
JUDGMENT :
EASWARAN S., J.
The prayer sought for in the writ petition is to issue a Police Clearance Certificate to the petitioner notwithstanding the pendency of the civil case against the petitioner.
2. The facts in the writ petition discloses that the petitioner has applied for a Passport. The said application was processed and sent for police clearance, wherein it was noted that a civil dispute is pending. Apparently on the pretext that the civil dispute is pending, the police is not issuing the Police Clearance Certificate.
This Court is of the considered view that the pendency of a civil dispute cannot be a ground for issuance of a Police Clearance Certificate. In the afore circumstances, the writ petition is disposed of directing the 3rd respondent to issue a Police Clearance Certificate and the 2nd respondent is directed to process the same notwithstanding the pendency of the civil dispute and issue Passport to the petitioner, if he is otherwise eligible in accordance with law.
Civil disputes pending against an individual do not impede the issuance of a Police Clearance Certificate for passport applications.
A Police Clearance Certificate may be issued to an applicant despite a pending criminal case, provided the certificate includes details of such pending case as an endorsement.
No pending PCC application; liberty granted for fresh application, disposing writ petition.
Point of Law : Mere registration of a crime does not invoke either S.6 or S.10 of the Passports Act.
A pending criminal case does not inherently disqualify a person from obtaining a Police Clearance Certificate if permitted by a court for travel.
A criminal charge does not inherently disqualify a passport holder from obtaining a Police Clearance Certificate if judicial permission for travel exists.
The issuance of Police Clearance Certificates must comply with court permissions, even if criminal proceedings are pending.
Individuals with pending criminal cases can obtain travel permissions through court approval.
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