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2026 Supreme(Online)(Ker) 27145
IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
DIVYA C – Appellant
Versus
UNION OF INDIA – Respondent
WP(C) NO. 15043 OF 2026
Important Points
Subject
Criminal - Passport and Travel
Headnote
For the Appellants/Petitioners: SRI.GOKUL D. SUDHAKARAN, SHRI.ANEESHRAJ R., SHRI.VAISHNAV DATH S.
For the Respondents: SRI.S.PRASANTH, SR.PANEL COUNSEL, SRI.C.S.APPU, GOVERNMENT PLEADER
| Table of Content |
|---|
| 1. petitioner's passport application denied due to pending case. (Para 1 , 2) |
| 2. precedent allows travel with court permission despite pending case. (Para 3) |
| 3. direct issuance of customized clearance certificate ordered. (Para 4) |
W.P(C)No.15043 of 2026 ------------------------------------------ Dated this the 10th day of April, 2026 JUDGMENT The petitioner is the holder of an Indian passport. The petitioner has filed an application before the 2nd respondent for issuance of police clearance certificate. The petitioner states that he is an accused in C.C.No.1278 of 2025 on the files of the Judicial First Class Magistrate Court, Chavara. The said court, by Ext.P4 order dated 19.12.2025, has granted permission to the petitioner to go abroad for a period of three years, subject to condition.
2. The grievance of the petitioner is that the 2nd respondent is not issuing police clearance certificate since the police verification report indicates the pendency of a criminal case.
3. 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 abroad with the permission of the court before which the case is pending.
4. Accordingly, this Writ Petition is disposed of directing the 2nd respondent to issue a police clearance certificate/customized Police Clearance Certificate to the petitioner stating the details of the criminal case pending against him. The needful shall be done by the 2nd respondent within a period of two weeks from the date of receipt of a certified copy of this judgment.
