HIGH COURT OF KERALA
V. G. Arun, J
RAJENDRAPRASAD T.V – Appellant
Versus
UNION TERRITORY OF LAKSHADWEEP – Respondent
J UDGMENT
The petitioner is desirous of participating in a conference to be held at Lakshadweep. The procedure for securing entry permit to Lakshadweep require production of Police Clearance Certificates. Admittedly, petitioner is the accused in CC No.29/2013 pending on the files of the JFCM-I, Tirur, alleging commission of the offence punishable under Section 420 read with Section 34 of the IPC. Therefore, it will not be possible for the petitioner to obtain Police Clearance Certificate. Faced with such predicament, petitioner approached the Jurisdictional Magistrate Court seeking a direction to the Police for issuance of the certificate. The request was turned down stating that the Magistrate Court is not vested with such power. Hence, this Writ Petition.
2. The Learned counsel for the petitioner submitted that the petitioner will be satisfied with the issuance of a certificate showing pendency of the Case. Learned Government Pleader submitted that the procedure prescribed in the circular instructions provides only for issuance of Police clearance certificate in cases where the applicant is not involved in any criminal case. In this regard, attention is drawn to Clause 3(xviii) of
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