A Police Clearance Certificate can be issued even when criminal proceedings are pending, as long as there are proper disclosures regarding the case.

ORDER

Petitioner seeks for a direction to the second respondent to issue Police Clearance Certificate for obtaining an employment abroad.

2. Petitioner is the accused in C.C.No.185/2020 on the files of the Chief Judicial Magistrate’s Court, Thodupuzha. The offences alleged againt him are under Sections 120 (b), 465, 468, 471 and 193 read with Section 34 of Indian Penal Code 1860. By an order dated 29.03.2023, in C.M.P. No. 1509/2023 in C.C.No. 185/2020, the learned Chief Judicial Magistrate has granted permission to the petitioner to travel to United Kingdom on certain conditions. According to the petitioner, in view of permission granted, there are no restrictions for his travel abroad and also to obtain an employment in United Kingdom. However the Police Clearance Certificate is not being issued, due to the pending case and hence he has approached this Court.

3. This Court had, in certain instances, directed the Regional Passport Authorities to issue Police Clearance Certificate even when criminal cases are pending. The only condition was to modify the specimen format for issuance of Police Clearance Certificate by incorporating a statement regarding pendency of the criminal case and also a statement referring to the permission granted by the Court.

4. Since petitioner has now been granted permission by the learned Magistrate in C.M.P. No. 1509/2023 in C.C.No. 185/2020, on the files of the Chief Judicial Magistrate Court, Thodupuzha, I am of the view that the reliefs sought for in this petition can be allowed.

5. Therefore, there will be a direction to the 2nd respondent to issue a Police Clearance Certificate to the petitioner, after incorporating a statement about the pendency of the criminal case before the Magistrate’s Court and also the permission granted as per the order dated 29.3.2023.

The Criminal Miscellaneous Case is allowed as above.