The court affirmed that a pending criminal case alone does not bar the granting of a Police Clearance Certificate when conditions of exemption from personal appearance are met.

ORDER

Petitioner seeks for a direction to the 3rd respondent to issue a Police Clearance Certificate to enable him to obtain an employment abroad.

2. Petitioner is the holder of an Indian passport bearing No.M3616141, valid till 13.11.2024. He is involved in Crime No.1373/2020 of Hosdurg Police Station. By Annexure A5 order in C.M.P.No.751/2020 in C.C.No.1185/2021 dated 27.02.2023, petitioner has been exempted from personal appearance in the above crime on conditions. Since petitioner has been granted exemption from personal appearance, he intends to obtain employment at Kuwait.

For that purpose a Police Clearance Certificate is required.

3. This Court has in several judgments, observed that pendency of a case by itself is not a reason to deny Police Clearance Certificate to enable the accused to travel abroad. It was further observed that appropriate modifications can be done in the specimen of Police Clearance Certificate to incorporate a statement that the criminal case is pending and that the Court has already granted exemption from personal appearance.

4. In view of the above settled position and taking note of Annexure A5 order granting exemption from personal appearance by the learned Magistrate in C.C.No.1185/2021, I am of the view that the writ petition can be disposed of, directing the 3rd respondent to issue a Police Clearance Certificate, if applied for by the petitioner.

5. Accordingly, there will be a direction to the 3rd respondent to issue a Police Clearance Certificate after incorporating a statement regarding the pendency of C.C.No.1185/2021 on the files of the Judicial First Class Magistrate Court-I, Hosdurg, and also stating that the court had granted exemption from personal appearance. Needful shall be done within six weeks from the date of receipt of application.

This Crl.M.C. is disposed of.

Sd/-

BECHU KURIAN THOMAS JUDGE jka/28.03.23 APPENDIX OF CRL.M.C.No.9494/2022 PETITIONER’S ANNEXURES Annexure A1 THE TRUE COPY OF THE PETITIONER'S PASSPORT BEARING NO. M3616141 DATED 14- 11-2014 ISSUED TO THE PETITIONER BY THE

3RD RESPONDENT Annexure2 THE TRUE COPY OF THE NOTICE DATED

11.07.2022 ISSUED BY THE 3RD RESPONDENT AUTHORITY Annexure3 A TRUE COPY OF THE FIR DATED 17.12.2020 IN CRIME NO. 1373/2020 OF HOSDURG POLICE STATION Annexure A4 THE TRUE COPY OF THE ORDER DATED

21.12.2022 IN CRL.MC NO. 8217 OF 2022 OF THIS HON'BLE COURT Annexure A5 THE CERTIFIED COPY OF THE ORDER DATED

27.02.2023 IN C. M. P NO. 751 OF 2023 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG