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2025 Supreme(Online)(Ker) 56798

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
ABHIJITH P. JAYAN – Appellant
Versus
UNION OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: K.M. Firoz, Jameel Ahammed M.S.
For the Respondents: O.M. Shalina, Sreejith V.S

Table of Content
1. request for police clearance certificate due to criminal charges. (Para 1)
2. arguments regarding the issuance of the certificate despite pending criminal cases. (Para 2 , 3)
3. court's observations on the legal requirements for clearance certification. (Para 5)
4. court's reasoning supporting issuance of police clearance despite pending charges. (Para 7)

JUDGMENT

(Dated this the 7th day of November, 2025)

The petitioner holds an Indian Passport bearing No.P6735079, and sought for a Police Clearance Certificate from the 2nd respondent. Issuance of Police Clearance Certificate is a miscellaneous service provided by the authorities under the Passports Act , 1967. The Police Clearance Certificate sought by the petitioner was declined by the 2nd respondent on the ground that a case is pending against him in a criminal court. The case of the petitioner is that he has been permitted in the said case to go abroad to pursue his employment as per Ext.P3 order of the Magistrate and therefore, he ought to have been issued the Police Clearance Certificate for employment purpose.

2. Heard Adv.K.M. Firoz, the learned counsel for the petitioner, Smt.O.M.Shalina, the learned DSGI, a

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