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2023 Supreme(Online)(KER) 7261

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
ROBI P JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SOJAN MICHEAL, PUBLIC PROSECUTOR, SEETHA S MANU S. DSG OF INDIA

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 a

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