A Police Clearance Certificate can be issued during ongoing investigations, provided disclosure of the pending case is made.

ORDER

Petitioner is the accused in Crime No.35/2022 of Kasargod Police Station. The offences alleged against him are under Sections 420 and

406 of the Indian Penal Code , 1860.

2. Petitioner approached the learned Chief Judicial Magistrate Court, Kasargode seeking a direction to the Police to issue clearance certificate to enable him to travel to Polland for an employment. However, by the impugned order dated 05.09.2022, the learned Magistrate dismissed the application noticing that the inviestigation is pending and therefore, it is not proper to give direction to issue a Police clearance certificate.

3. This Court had on an earlier occassion considered the question as to whether Police clearance certificate can be issued while criminal cases are pending against applicants. By judgment in W.P. (C)No.17204/2021, it was held that the Police Clearance certificate can be issued to such persons by including the crime number after modifying the specimen form in Appendix-XXXII of Passport Rules.

Paragraph 5 of the judgment in W.P.(C)No.17204 of 2021 reads thus:

“It is evident from the specimen referred to above that a person is entitled to Police Clearance Certificate, only if there is no adverse information which would render him/her ineligible for grant of travel facilities. There is no dispute to the fact that the pendency of a criminal case is not a reason which would render a person ineligible for grant of travel facilities in India. The requirement of law is that if there is a criminal case pending, one is entitled to travel only with the permission of the court before which the case is pending. As far as the present case is concerned, the petitioner is permitted by the criminal court to go abroad to pursue his employment. Therefore, it cannot be said that the petitioner is ineligible for travel facilities. At the same time, it cannot be said that there is no adverse information against the petitioner.”

4. Petitioner has thereafter impleaded the Regional Passport OfÏcer as additional respondent since it was realised that the certificate is to be issued on the basis of the directions of the 3rd respondent.

5. Admittedly, petitioner is involved in Crime No.35/2022 of Kasargode Police Station, and investigation is continuing in the said crime. However, the right of the petitioner to travel abroad cannot be denied merely because the investigation is pending. The request for Police Clearance certicate can therefore, be directed to be considered based on judgment in W.P.(C) No.17204/2021 and be directed to be issued by incorporating that a crime is pending against the petitioner.

6. In the above circumstances, there will be a direction to the 3rd respondent to initiate appropriate steps to issue Police Clearance Certificate to the petitioner after incorporating the statement in the certificate that a crime as 35/2022 is pending against the pentitioner in the certificate, as expeditiously as possible, in a time bound manner.

Crl.M.C. is disposed of accordingly.

sd/

BECHU KURIAN THOMAS JUDGE jm/

APPENDIX OF CRL.MC 264/2023 PETITIONER ANNEXURES Annexure A-1 TRUE COPY OF FIRST INFORMATION REPORT DATED 07-

01-2022 FILED IN CR. NO. 35/2022 OF KASARAGOD POLICE STATION.

Annexure A-2 CERTIFIED COPY OF THE ORDER DATED 05-09-2022 OF CJM COURT KASRAGOD IN C.M.P. NO. 2255/2022 IN CRIME NO. 35/2022 OF KASARAGOD POLICE STATION