The Passport Authority must issue a Police Clearance Certificate if a jurisdictional court permits travel, despite ongoing criminal proceedings.

K.BABU, J.

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W.P (Crl) No.140 of 2026 ---------------------------------------

Dated this the 28^th day of January, 2026 JUDGMENT The prayers in this Writ Petition (Criminal) filed under Article

226 of the Constitution of India are as follows:

“i. To declare that the petitioner is entitled to get a customised Police Clearance Certificate based on the order of JFMC -I, Mavelikkara, i.e., Exhibit P4 ii. To issue a writ of mandamus, or any other appropriate writ or order directing the respondents to issue Police Clearance Certificate without any further delay on the basis of Exhibit P4.

iii. To issue such other further reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of this case.

iv. To dispense with filing of the translation of vernacular documents.

v. Allow the writ petition with cost.”

2. The petitioner is the holder of an Indian passport. He is the accused in C.C No.400/2022 on the file of the Judicial First Class Magistrate Court-I, Mavelikkara. He applied for seeking permission to go abroad before the jurisdictional Court. The learned Magistrate as per order dated 19.01.2026 permitted him to go abroad for a period of two years. The petitioner now seeks a direction to respondent No.1 (the Regional Passport Officer, Ernakulam) to issue a customised Police Clearance Certificate based on the order dated 19.01.2026 in Crl.M.P No.1/2026 in C.C No.400/2022 passed by the learned Magistrate.

3. Heard the learned counsel for the petitioner and the learned DSGI.

4. The learned counsel for the petitioner submitted that as the petitioner was permitted to go abroad by the jurisdictional Court, he is entitled to a Police Clearance Certificate (PCC). It is submitted that respondent No.1, the passport officer concerned, is the competent authority to issue a Police Clearance Certificate as per the Passport Manual.

5. The learned DSGI, relying on Chapter 14 of the Passport Manual, submitted that the Police Clearance Certificate as specified in the Manual cannot be issued to the petitioner, as he is an accused in a criminal case. The learned DSGI submitted that the competent authority can only issue a certificate stating that the petitioner is an accused in the criminal case referred to above. It is further submitted that the Police Clearance Certificate will contain the fact that the petitioner was permitted to go abroad.

6. Going by Chapter 14 of the Passport Manual, the Police Clearance Certificate is not strictly a passport service. An application for a Police Clearance Certificate shall be accepted only from an applicant holding a valid Indian passport. A Police Clearance Certificate is required by many foreign Governments for considering applications for residence status, employment, long-

term visas, or immigration.

7. Appendix 16 of the Passport Manual provides the specimen PCC format for Indian passport holders, which is extracted below:

APPENDIX-16 Specimen PCC format for Indian Passport holders (to be issued on official letter head)

“It is certified that there is no adverse information against Mr./Mrs./Miss …............, holder of Indian Passport No. …........... issued at …....... on …..... which would render him/her ineligible for [purpose] …............................ for (name of the country).”

This PCC is not valid for any other purpose or country.

Rubber Stamp of office of issue Signature of Passport Authority

8. As per Clause (f) of sub-section (2) of Section 6 of the Passports Act , 1967, the passport authority shall refuse to issue a passport or travel document for visiting any foreign country on the ground that proceedings in respect of an offence a