Allowed

Basina Veera Venkata Suryanarayana v. the State of Ap

Andhra Pradesh HC9 Sept 2024WP/18775/2024

Case brief

AI extract

What is this about?

Single-judge High Court disposed of a writ petition filed by an accused seeking a Police Clearance Certificate. The Court held that pendency of a trial case did not preclude issuance and directed the Respondent to issue the certificate within two weeks. PCC is intended for passport procurement.

What did the court decide?

Directed the 2nd respondent to issue Police Clearance Certificate by recording all cases against the petitioner which come to their notice, preferably within two weeks from receipt of order. No costs.

Basina Veera Venkata Suryanarayana Vs… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI " (Special Original Jurisdiction)

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WEDNESDAY, THE ELEVENTH DAY OF SEPTEMBE TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON’BLE SRI JUSTICE B. V. L. N. CHAKRAVARTH^ WRIT PETITION NO: 18775 OF 2024

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Between:

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Suryanarayana, S/o. Veerabhadra Rao, Advocate, D?s1ricf^ Vasavi Nagar Patamata Vijayawada , Krishna

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...PETITIONER

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AND

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qprrptp!f=,?\f'^’ the Principal Secretary, Department^ofHome, Secretariat, Velagapudi, Amaravathi, Guntur District.

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^ KrishnaTiisfrfc?'^^'^ Police, Vijayawada City Police^{Vijayawada,NTR}

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KhIhn?Disfr!c?^^^°'^ ^ ^ Vijayawada NTR

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to the nature of Writ of Mandamus by directing the Respondents to issue the Police Clearance Certificate (PCC) by considering the orders of this Hon’ble Court passed in WP.No.708 of 2021 and directions passed in relevant Judgments by this Hon’ble Court. The Respondents not inclined to issue Police Clearance Certificate (PCC) is arbitrary, illegal and violation of fundamental rights under article 19 and 21 guaranteed by Indian Constitution.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to issue Police Clearance Certificate (PCC) by considering the documents had submitted along with his application, orders in W.P.No.708 of 2021 and relevant directions issued by this Hon’ble court in several judgments forthwith pending disposal of the above writ petition.

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Counsel for the Petitioner: Ms. KOTA ARCHANA

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Counsel for the Respondent Nos.1 & 2 : SRI S. SARATH KUMAR, ASST.GP FOR HOME

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Counsel for the Respondent No.3 : SRI B. NARASIMHA SARMA, ADDITIONAL SOLICITOR GENERAL OF INDIA

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The Court made the following: ORDER

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APHC010369472024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3368]

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(Special Original Jurisdiction)

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TUESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI

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WRIT PETITION NO: 18775/2024

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Between:

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Basina Veera Venkata Suryanarayana-—

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...PETITIONER

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AND

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The State of AP and Others ...RESPONDENT(S)

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Counsel for the Petitioner:

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1. KOTA ARCHANA

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Counsel for the Respondent(S):

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1.GP FOR HOME

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The Court made the following:

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ORDER:

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This Writ Petition under Article 226 of the Constitution of

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India is filed for the following relief:

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... to issue the Police Clearance Certificate PCC by considering the orders of this Hon'bie Court passed^inWP No.708 of 2021 and directions passed in relevant Judgments by this Hon'bie Court The Respondents not inclined to issue Police Clearance Certificate PCC is arbitrary, illegal and violation of fundamental rights^under

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article 19 and 21 guaranteed by Indian Constitution and such other order or orders as may be deemed fit and proper in the circumstances of the case..."

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Heard learned counsel representing Ms.Kota Archana, learned counsel for the petitioner and Sri S.Sarath Kumar, learned Assistant Government Pleader for Home.

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Learned Assistant Government Pleader on instructions would submit that the petitioner is involved in a case and it is pending for trial and therefore 2"'^ respondent could not give Police Clearance Certificate.

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Undisputedly, the case is pending against the petitioner vide C.C.No.737 of 2016 before the learned IV Additional Chief Metropolitan Magistrate Court, Vijayawada.

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It is pertinent to note down that earlier the police^authorities issued Police Clearance Certificate to the petitioner in the year 2021.

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Therefore, considering the above facts, the stand of^{the2"^} respondent that they cannot issue Police Clearance Certificate to the accused is not correct.

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In those circumstances, the writ petition is disposed of directing the 2^^^ respondent to issue Police Clearance Certificate after recording all the cases filed against the petitioner^which come to the notice of 2'^^ respondent.

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Accordingly, the writ petition is disposed of directing^the2 nd respondent to issue Police Clearance Certificate by recording all the cases filed against the petitioner vyhich come^{tothenoticeof} 2"^ respondent, as expeditiously as possible preferably^withina

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period of two (02) weeks from the date of receipt of copy of this order. There shall be no orders as to costs.

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As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

To ,

//TRUE COPY//

Sd/- B. PRASADA RAO ASSISTANT REGISTRAR

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SECTION OFFICER

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The Principal Secretary, Department of Home, State of AP, Secretariat Velagapudi, Amaravathi, Guntur District.

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The Commissioner of Police, Vijayawada City Police Vijayawada, NTR Krishna District.

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The Regional Passport Officer, Labbipeta, M G Road, Vijayawada NTR Krishna District.

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One CC to Ms. Kota Archana, Advocate [OPUC]

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Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT]

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One CC to Sri B. Narasimha Sarma, Additional Solicitor General of India (OPUC)

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Three C.D. Copies.

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HIGH COURT

DATED:11/09/2024

ORDER

WP.No.18775 of 2024

X 1 1 StP CO,m
^ . Current Section
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DISPOSING OF THE W.P. WITHOUT COSTS

Basina Veera Venkata Suryanarayana v. the State of Ap

Case brief

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Basina Veera Venkata Suryanarayana v. the State of Ap

Case brief

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