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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
AKHIL RAJ D. – Appellant
Versus
UNION OF INDIA – Respondent
| Table of Content |
|---|
| 1. police clearance certificate request based on criminal charges. (Para 1) |
| 2. legal basis for issuing police clearance certificate despite pending charges. (Para 2 , 3 , 4 , 5) |
| 3. judicial discretion allows issuance of certificates under court permission. (Para 7 , 8) |
JUDGMENT
(Dated this the 15th day of January, 2026)
The petitioner holds an Indian Passport bearing No.A1293722, sought a Police Clearance Certificate from the 2nd respondent. Issue 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 Judicial First Class Magistrate and therefore, he ought to have been issued the Police Clearance Certificate for employment purpose.
2. Heard the learned counsel appearing for the petitioner as well as the respondents.
3. The learned Deputy Solicitor General of India, relying on Chapter 14 of the Passport Manual 2
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