A Police Clearance Certificate can be issued even if there are pending criminal cases, subject to court approval.

JUDGMENT

The petitioner, who holds an Indian passport and wishes to go abroad for employment purpose, is aggrieved by the non issuance of a Police Clearance Certificate by the 2nd respondent.

2. The petitioner is an accused in C.C No.180 of

2024 and C.C No.424 of 2025 pending on the files of the Judicial First Class Magistrate Court, Ramankary. The said court, by Exts.P6 and P7 orders, has permitted the petitioner to travel abroad in terms of G.S.R 570(E) issued by the Union of India under Section 21 of the Passports Act, 1967 . The petitioner has submitted an application for Police Clearance Certificate as evidenced by Ext.P3.

3. The learned DSGI appearing for the 2^nd respondent submitted that the petitioner is involved in criminal cases and, therefore, only a customised 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, this writ petition is disposed of directing the 2^nd respondent to issue a customised Police Clearance Certificate to the petitioner, stating the details of the pending criminal cases against him. This shall be done within a period of two weeks from the date of receipt of a copy of this judgment.