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Kiran R. G. v. the Station House Officer

Kerala HC10 Jan 2022WP(C)/333/2022

Case brief

AI extract

What is this about?

This writ petitioner sought a Police Clearance Certificate for an Employment Visa to Kuwait. The respondent refused citing pendency of a 498A IPC criminal case. The court directed the respondent to issue the certificate mentioning the pending proceedings within one week.

What did the court decide?

The respondent directed to issue Police Clearance Certificate mentioning pending criminal court proceedings within one week.

Kiran R. G. Vs the Station House Officer — Constitutional and Fundamental Rights | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE N.NAGARESH

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MONDAY, THE 10^TH DAY OF JANUARY 2022/20TH POUSHA, 1943

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WP(C) NO. 333 OF 2022

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PETITIONER:

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KIRAN R.G., S/O. RAJENDRAN, AGED 32 YEARS, NANDANAM K.P., 6/677, ERAPPUKUZHI, KUDAPPANAKUNNU, THIRUVANANTHAPURAM - 695 043.

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BY ADV SYAMNATH J.G.

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RESPONDENT:

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THE STATION HOUSE OFFICER, PEROORKADA POLICE STATION, PEROORKADA, THIRUVANANTHAPURAM - 695 005.

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SRI.APPU P.S., G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)No.333/2022

JUDGMENT

Dated this the 10^th day of January, 2022

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The writ petitioner has approached this Court

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aggrieved by the omission of the respondent in not issuing Police Clearance Certificate to the petitioner.

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The petitioner states that he intends to go to Kuwait on an Employment Visa. Police Clearance Certificate is required for obtaining an Employment Visa to Kuwait. The respondent has not issued Clearance Certificate after conducting due enquiry. The attitude of the respondent in not issuing Police Clearance Certificate on the application submitted, is causing great hardship to the petitioner.

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The learned Government Pleader, on

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instructions, submitted that a crime has been registered

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WP(C)No.333/2022

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against the petitioner under Section 498 A of the IPC and Ext.P2 FIR has been lodged. Criminal proceedings are pending before the Judicial First Class Magistrate's Court– II, Thiruvananthapuram. It is due to the pendency of these proceedings that the respondent did not issue Police Clearance Certificate.

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I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondent.

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As an application has been made for Police Clearance Certificate by the petitioner, this Court is of the view that the respondent may issue Police Clearance Certificate, also mentioning the pendency of Ext.P2 proceedings now stated to be pending before the criminal court.

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Accordingly, the writ petition is disposed of directing the respondent to issue Police Clearance Certificate sought

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for by the petitioner, also mentioning the proceedings pending before the criminal court, within a period of one

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week.

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Sd/- N. NAGARESH JUDGE

ncd/10.01.2022

APPENDIX OF WP(C) 333/2022

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PETITIONER'S EXHIBITS

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Exhibit P1 A TRUE COPY OF THE ONLINE APPOINTMENT RECEIPT OF THE PETITIONER. Exhibit P2 A TRUE COPY OF THE FIR NO.981/2020 OF THE PEROORKADA POLICE STATION.

Kiran R. G. v. the Station House Officer

Case brief

What is this about?

What did the court decide?

Kiran R. G. v. the Station House Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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