A person facing criminal charges can be permitted to travel abroad with court-approved clearance despite ongoing proceedings.

J U D G M E N T

The petitioner who is the holder of an Indian Passport desires to go abroad for employment purpose. He is aggrieved by non-issuance of Police Clearance Certificate by the 1^st respondent.

2. The petitioner states that he is an accused in C.C.

No.2223 of 2018 before the Judicial First Class Magistrate Court, Kunnamkulam. The said court, by Ext.P1 order, exempted the petitioner from personal appearance and by Ext.P2 order, permitted him to obtain passport. Ext.P4 is the application for Police Clearance Certificate.

3. The learned Deputy Solicitor General of India appearing for the 1^st respondent submitted that the petitioner is involved in criminal case and, therefore, only a Customized Police Clearance Certificate can be issued, and that too only on orders from this Court.

4. This Court in Siju v. Regional Passport Officer [2021 KHC 1002] has held that even if there is a criminal case pending, one is entitled to travel with the permission of the court before which the case is pending.

Accordingly, the writ petition is disposed of directing the 1^st respondent to issue a Customized Police Clearance Certificate to the petitioner, stating the details of the criminal case pending against him. The needful shall be done within two weeks from the date of receipt of a certified copy of this judgment.