IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUVIR SEHGAL
Karan – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
SUVIR SEHGAL, J.
1. Grievance of the petitioner is that he has not been issued a Police Clearance Certificate due to pendency of a criminal case against him.
2. Counsel submits that petitioner has a valid passport, Annexure P-3, which is expiring on 13.06.2026. He states that petitioner’s wife is working in New Zealand and that he wants to apply for a work visa to be with her. When he applied for a Police Clearance Certificate (PCC), in furtherance of a visa programme, it was denied as petitioner was named as an accused in two criminal cases registered against him, as is apparent from status report dated 14.02.2025, Annexure P-5. Counsel states that both the criminal cases were registered against petitioner on the allegation of violation of the prohibitory orders passed during COVID. He states that insofar FIR No.56 dated 13.04.2020, lodged under Section 188 of IPC is concerned, petitioner was convicted and was ordered to be released on probation on furnishing of personal probation bond to the extent of Rs.10,000/- for a period of six months vide judgment dated 11.01.2021, Annexure P-6. He points out that insofar as the second case, that is, FIR No.133 dated 27.07.2020, wh
A person involved in a criminal case may receive a Police Clearance Certificate for travel if permitted by the court.
Pending criminal case does not bar customized PCC issuance with court permission and case disclosure.
Individuals with ongoing criminal cases can obtain travel permissions through court-issued clearance despite pending charges.
Judgment clarifies the protocol for issuing police clearance certificates to individuals accused in pending criminal cases.
A criminal charge does not inherently disqualify a passport holder from obtaining a Police Clearance Certificate if judicial permission for travel exists.
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.
The issuance of Police Clearance Certificates must comply with court permissions, even if criminal proceedings are pending.
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