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2022 Supreme(Online)(KER) 53846

BECHU KURIAN THOMAS, J
PRASANTH – Appellant
Versus
UNION OF INDIA – Respondent


JUDGMENT

Petitioner holds an Indian Passport bearing No.P 5256697. He challenges Ext.P5 and also seeks for issuance of a Police Clearance Certificate from the 3rd respondent to take up employment abroad.

2. Issuing a Police Clearance Certificate is a miscellaneous service provided by the authorities under the Passports Act, 1967. The Police Clearance Certificate sought for by the petitioner was not considered by the respondents and his application was closed by Ext.P5. The reason for declining the clearance certificate is the pendency of C.C. No.694 of 2018 before the Judicial First Class Magistrate Court, Chalakkudy against the petitioner. The contention of the petitioner is that the criminal case against him is foisted without any basis and no offence is actually evident from the allegations even. According to the petitioner, the learned Magistrate has not only granted permission to the petitioner for going abroad for one year but had also granted exemption from personal appearance in court. Hence, petitioner contends that he ought to have been issued with the Police Clearance Certificate for employment purposes.

3. Heard Sri.G.Sreekumar Chelur, the learned counsel for the petitione

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