A case concluded as undetected cannot impede an accused's right to a Police Clearance Certificate, affirming procedural fairness.

ORDER

This Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure , 1973 (“the Code” for the sake of brevity).

2. The petitioner is the 5th accused in Crime No.1777/2017 of Kuravilangad Police Station alleging offence punishable under section 66(E) of the Information Technology Act , 2000. Offences punishable under sections 506, 294(b) r/w 34 of the Indian Penal Code and section 120(o) of the Kerala Police Act are also alleged.

3. It is submitted that the police after investigation submitted final report before the court to the effect that it is undetected. But, the petitioner’s movement is restricted because of this report is the submission. Since the final report is submitted as ‘undetected’, the petitioner is facing trouble in getting Police Clearance Certificate. The petitioner want to quash the proceedings.

4. A statement is filed by the Station House Officer, Cyber crimes. It will be better to extract the relevant portion of the statement:

‘11. On analyzing the materials collected during investigation, the offences has found to be made out, but the relevant details including the alleged http://www.facebook.com/aby.A591?ref=br_rs,http://

www.facebook.com/figot.joseph,http://www.facebook . com/ aby.A591 are to be received for ascertaining the role of these alleged accused persons.

12. It is humbly submitted that even after repeated request, the FB authorities have not responded yet. Also submitted that, in spite the de facto complainant was sought to produce the URL details of the alleged FB, he did not produce the same as they were not available with him. Considering the factual circumstances, final report in this case was submitted before the CJM Court, Kottayam on 22.03.2023 through proper channel as Undetected due to the lack of sufficient evidence.

13. It is also submitted that, this matter was informed to the defacto complainant through a written notice as envisaged under section 173(2)(ii) of the Code of Criminal Procedure and its acknowledgment receipt was also submitted before the Hon'ble CJM Court, Kottayam.

14. It is most respectfully submitted that, as the receipt of the registration details of the alleged FB IDs are to be received, the investigation has come to be a temporary cessation and so, the final report as Undetected was submitted. Whenever the relevant details are received from the Law Enforcement Authority of FB and if reveals the involvement of the accused (instant petitioner) for the commission of the alleged offences, then this case will be re- opened and final report will be submitted to deliver justice to the de facto complainant.’

5. From the above, it is clear that the case is closed as undetected as on today. But, this should not be treated as an obstacle to the petitioner in future. Since the case is already closed as undetected, the authorities should issue Police Clearance Certificate or Certificate of Non-Involvement in Offences to the effect that the petitioner is not involved in criminal case as on that date.

With the above observation, this Crl.M.C is closed.

Sd/-

P. V. KUNHIKRISHNAN JUDGE Sbna/

APPENDIX OF CRL.MC 7156/2023 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FIR IN CRIME NO:

11/2021 OF CYBER CRIME POLICE STATION DATED 06.03.2021.

Annexure A2 CERTIFIED COPY OF OF THE FINAL REPORT IN CR. NO: 11/2021 BEFORE THE HON'BLE CJM COURT, KOTTAYAM DATED 22.03.2023.

Annexure A3 CERTIFIED COPY OF THE REPORT FILED BY THE SHO OF KADUTHURUTHY P.S FOR ARRAYING THE PETITIONER AS THE 5TH ACCUSED Annexure A4 CERTIFIED COPY OF THE STATEMENT GIVEN BY THE SECOND RESPONDENT TO THE SHO OF KADUTHURUTHY POLICE STATION ON

18/11/2017 Annexure A5 TRUE COPY OF THE PASSPORT OF THE PETITIONER Annexure A6 TRUE COPY OF THE AADHAR CARD OF THE PETITIONER Annexure A7 TRUE COPY OF THE UAE VISA OF THE PETITIONER Annexure A8 TRUE COPY OF THE AFRICAN VISA OF THE PETITIONER