IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU WEDNESDAY, THE 5^TH DAY OF JULY 2023 / 14TH ASHADHA, 1945 CRL.MC NO. 5098 OF 2023 AGAINST THE ORDER/JUDGMENTCC 747/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOCHI CRIME NO.243 OF 2022 OF PALLURUTHY KASABA POLICE STATION PETITIONER/S:

HASIL YOUSUF AGED 32 YEARS S/O YUSUF, H.NO.1/750, NEAR POLICE QUARTERS PATTALAM, FORTKOCHI P.O, ERNAKULAM, KERALA, PIN - 682001 BY ADV LAVARAJ M.G.

RESPONDENT/S:

STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA , ERNAKULAM THROUGH S.H.O, PALLURUTHY KASABA POLICE STATION, PIN – 682031 BY PUBLIC PROSECUTOR SRI SANGEETHA RAJ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.07.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

The challenge in this Crl.M.C. is to Annexure A3 order dated 21.06.2023 in Crl.M.P. No.1550 of 2023 in C.C.No.747 of 2022 on the file of the Judicial First Class Magistrate Court-II, Kochi .

2. The petitioner is accused No.1 in Crime No.243 of 2022 of Palluruthy Police Station registered alleging offence punishable under Section 498-A of IPC.

3. The petitioner had applied for a Police Clearance Certificate before the Court below. The Court below allowed the request of the petitioner to go abroad and declined to direct the issuance of Police Clearance Certificate.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. It is submitted that the petitioner is the holder of a valid Passport and in view of the pendency of the criminal case against him, a Police Clearance Certificate as provided in the Passport Manual is required.

6. As per Clause (f) of sub-section (2) of Section 6 of the Passports Act, 1967, the passport authority shall refuse to issue a travel document for visiting any foreign country on the ground that proceedings in respect of an offence alleged to have been committed by the applicant are pending before a criminal Court in India. As per notification dated 25.08.1993, issued by the Ministry of External Affairs, the Government of India has exempted citizens of India, against whom proceedings in respect of an offence alleged to have been committed by them are pending before a criminal Court in India, who produce orders from the Court concerned permitting them to depart from India, from the operation of the provisions of Clause (f) of sub-section (2) of Section 6 of the Passports Act, 1967.

7. In Jayan V.M v. Union of India [2018 (4) KLT

1077], while considering the scope of Section 6 of the Passports Act, this Court held that mere property disputes or family disputes leading to registration of a crime cannot be within the legislative contemplation to deprive a person of his or her fundamental right, the right to travel.

8. Having considered the nature of the allegations levelled against the petitioner in the crime registered against him, I am of the view that the petitioner shall not be deprived of his right to get a Police Clearance Certificate stating the pendency of the criminal case. 9. While considering a similar fact situation this Court in W.P(C) Nos.17204/2021 and 34229/2022 has directed issuance of the Police Clearance Certificate stating the pendency of the criminal case against the parties concerned by making appropriate changes in the standard format.

In the light of the orders of this Court in the above referred writ petitions, this Crl.M.C. is disposed of directing the respondent to issue the Police Clearance Certificate to the petitioner, stating that there is a criminal case pending against the petitioner.

Sd/-

K. BABU, JUDGE kkj APPENDIX OF CRL.MC 5098/2023 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF FIR IN CRIME NO. 243 OF 2022 DATED 19/02/2022 OF PALLURUTHY POLICE STATION Annexure A2 TRUE COPY OF CRL M.P 1550/2023 FILED BY THE BEFORE THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE COURT -II KOCHI Annexure A3 CERTIFIED COPY OF ORDER IN NO C.C

747/2022 DATED 21/06/2023 IN CMP

1550/2023 OF JUDICIAL F