Allowed

Rego Varghese v. the Regional Passport Officer

Kerala HC11 Apr 2023WP(C)/2082/2023

Case brief

AI extract

What is this about?

The High Court of Kerala allowed this writ petition seeking a Police Clearance Certificate. The Court directed the Regional Passport Officer to consider the petitioner’s application and issue the certificate within two weeks, noting that the Home Department had clarified the petitioner was not an accused in the alleged crime.

What did the court decide?

Directing the 1st respondent to consider the application and issue a Police Clearance Certificate within two weeks.

Rego Varghese Vs the Regional Passport Officer — Writ and Judicial Review | Kerala HC (2023)

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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 RAJA VIJAYARAGHAVAN V TUESDAY, THE 11^TH DAY OF APRIL 2023 / 21ST CHAITHRA, 1945 WP(C) NO. 2082 OF 2023

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PETITIONER/S:

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REGOVARGHESE
AGED35YEARS,S/OVARGHESE,
KIZHAKKINADATHHOUSE,POOVATHUSSERYPO,
ANNAMANADAVIA,THRISSURDISTRICT.,PIN-680741
BYADVS.
P.S.ANISHAD
LIMNABHASKARAN

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RESPONDENT/S:

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1THEREGIONALPASSPORTOFFICER
REGIONALPASSPORTOFFICE,PANAMPILLYNAGAR(PO),
ERNAKULAMDISTRICT.,PIN-682036

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2THESTATEOFKERALA
REPRESENTEDBYTHESECRETARYTOTHEGOVERNMENT
HOMEDEPARTMENT,GOVERNMENTSECRETARIAT
THIRUVANANTHAPURAM.,PIN-695001
3DIRECTORGENERALOFPOLICE
UTTARPRADESHPOLICEHEADQUARTERS,9THFLOOR,
TOWER2,GOMTINAGAREXT.,SHAHIDPATHLUCKNOW.,
PIN-226002
4ADDL.R4:
DIRECTORGENERALOFPOLICE,
KERALASTATEPOLICEHEADQUARTERS,VAZHUTHAKKADU,
THIRUVANANTHAPURAM,PIN-695010
(ISIMPLEADEDASPERORDERDATED03.03.2023INIA1/23
INWP(C))
BYADVMANUS.,DSGOFINDIA

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SMTDEEPAV.,GP

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON11.04.2023,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:

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W.P.(C) No.2082 of 2023

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JUDGMENT

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The petitioner herein is an Indian citizen and is the holder of Indian Passport bearing No.N6825658, which is due to expire on 21.01.2026. The petitioner states that in order to join his wife, who is working in the United Kingdom, he has preferred an application to obtain a Police Clearance Certificate. However, his application was rejected by the 1st respondent on the premise that the petitioner is involved in Crime No.298 of 2017 of the Civil Line Police Station, Allahabad. The petitioner asserts that the information which is received by the 1st respondent is erroneous and the petitioner is not involved in any such crime. It is in the afore circumstances that this writ petition is filed seeking the following reliefs:

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I. to issue a writ of mandamus or any other appropriate writ, order or direction to the 1st respondent to consider the application filed by the petitioner on the bases Exhibit-P3 and issue a Police Clearance Certificate so as to enable the petitioner to produce the same before Visa processing authorities and Employer concerned.

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II. Issue a Writ of Mandamus directing the 1st respondent to erase the entry regarding Crime No.298/2017 of Civil Line Police Station, Allahabad, Uttar Pradesh from the passport records of the petitioner.

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When the matter had come up for consideration on 27.01.2023,

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W.P.(C) No.2082 of 2023

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the learned Government Pleader was directed to get instructions as to whether the petitioner is an accused in Crime No.298 of 2017 of the Civil Line Police Station.

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Today, when the matter is taken up, it is submitted by the

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learned Government Pleader that information has been received from the

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Civil Line Police Station that the petitioner has not been arrayed as an accused in Crime No.298 of 2017.

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In that view of the matter, there is no justification on the part of

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the 1st respondent for not considering the application submitted by the petitioner in accordance with the law.

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This writ petition is accordingly disposed of, directing the 1st

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respondent to consider the application submitted by the petitioner for issuance of a Police Clearance Certificate and issue the same within a period

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of two weeks from the date of receipt of a copy of this judgment.

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Sd/-

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RAJA VIJAYARAGHAVAN V, JUDGE

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W.P.(C) No.2082 of 2023

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PETITIONEREXHIBITS
ExhibitP1ATRUECOPYOFTHEPASSPORTN6825658ISSUED
BYTHE1STRESPONDENT,VALIDFROM22.01.2016
TO21.01.2026
ExhibitP2ATRUECOPYOFTHEVISA017894531OFTHEWIFE
OFTHEPETITIONERDATED25.09.2022.
ExhibitP3ATRUECOPYOFTHEONLINEAPPLICATIONRECEIPT
PREFERREDBYTHEPETITIONERBEFORETHE1ST
RESPONDENTDATED13.10.2022.

Rego Varghese v. the Regional Passport Officer

Case brief

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Rego Varghese v. the Regional Passport Officer

Case brief

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