Pending criminal case does not bar customized PCC issuance with court permission and case disclosure.

JUDGMENT

The petitioner, who holds an Indian passport, wishes to go abroad for employment purpose. He is aggrieved by the non-issuance of Police Clearance Certificate (PCC) by the 1^st respondent. The petitioner states that he is an accused in C.C.No.714/2025 on the files of the Judicial First Class Magistrate Court-II, Kottarakkara. The said court, by Ext.P2 order, has permitted the petitioner to obtain a passport for a period of two years. The petitioner has submitted an application for PCC.

By Ext.P3, the 1^st respondent informed the petitioner that as per the report of the Police authorities, the petitioner is an accused in C.C.No. 714/2025 on the files of the Judicial First Class Magistrate Court-II, Kottarakkara and he has to obtain specific order from the concerned court permitting issuance of customised PCC incorporating the details of pending criminal cases in the light of the decision reported in Siju v. Regional Passport Officer [2021 KHC 1002]. The petitioner has filed this writ petition for the following relief:

“i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to issue Police Clearance Certificate to the petitioner forthwith.”

2. This Court in Siju (supra) 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. By Ext.P2, the petitioner has been permitted to obtain a passport for a period of two years, if he is otherwise eligible to apply for the same.

3. In the said circumstances, this writ petition is disposed of with a direction to the 1^st respondent to issue a customised PCC to the petitioner furnishing the details of the criminal case pending against him and in terms of Ext.P2 order of the Judicial First Class Magistrate Court-II, Kottarakkara. The needful shall be done within a period of two weeks from the date of receipt of a certified copy of this judgment.