Petitioner, an accused in a 2009 criminal case, filed a writ petition seeking Police Clearance Certificate direction. Court expected timescale for case disposal. Directed JFC Magistrate to conclude trial within two months.
Direction to Judicial First Class Magistrate, Kalamassery to dispose of C.C. No. 1605/2016 within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CRL.MC NO. 171 OF 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 2ND DAY OF FEBRUARY 2024 / 13TH MAGHA, 1945
CRL.MC NO. 171 OF 2024
CRIME NO.99/2009 OF Eloor Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT CC 1605/2016 OF JMFC, KALAMASSERY
(TEMPORARY)
PETITIONER/S:
CHARANDAS
AGED 34 YEARS
S/O.SIVADAS, PUTHANPURAKKAL HOUSE, UDYOGAMANDAL P.O.,
ELOOR, ERNAKULAM DISTRICT, PIN - 683501
BY ADV BABU S. NAIR
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, KOCHI, PIN - 6820312 THE REGIONAL PASSPORT OFFICERREGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, ERNAKULAM,
KOCHI, PIN - 682036
3 THE STATION HOUSE OFFICER ELOOR POLICE STATION, ERNAKULAM DISTRICT, PIN - 683501OTHER PRESENT:
SRI. M.C. ASHI (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 171 OF 2024
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BECHU KURIAN THOMAS, J.
Crl.M.C. No.171 of 2024
Dated this the 2nd day of February, 2024
ORDER
Petitioner is the accused in C.C.No.1605/2016 on the files of the Judicial First Class Magistrate, Kalamassery (Temporary). This Crl.MC is filed seeking a direction to issue Police Clearance Certificate to the petitioner, notwithstanding the pendency of the above said crime.
CRL.MC NO. 171 OF 2024
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the view that this writ petition can be disposed of directing an expeditoius disposal of the criminal case.
Accordingly, there will be a direcion to the Judicial First Class Magistrate, Kalamassery (Temporary) to dispose of C.C.No. C.C.No.1605/2016 as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this order.
Crl.MC is disposed of accordingly.
sd/
BECHU KURIAN THOMAS JUDGE
jm/
CRL.MC NO. 171 OF 2024
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APPENDIX OF CRL.MC 171/2024
PETITIONER ANNEXURES
Annexure AA TRUE COPY OF THE ORDER IN C.M.P.NO.172/2023
IN C.C.NO.1605/2016 OF THE J.F.C.M.,
KALAMASSERY DATED, 8-3-2023
Annexure BTRUE COPY OF THE EMPLOYMENT OFFER DATED, 3-
12-2023
Annexure CTRUE COPY OF THE ELECTRONIC VISA ISSUED BY
THE STATE OF KUWAIT TO THE PETITIONER
Annexure DTRUE COPY OF THE CERTIFICATE ISSUED BY THE
GULF HEALTH COUNCIL DATED,18-12-2023
Annexure EA TRUE COPY OF THE PCC APPLICATION DATED, 20-
12-2023 SUBMITTED BY THE PETITIONER ALONG
WITH THE COPY OF THE PASSPORT
2 issues framed by the court
Whether to issue a direction for expeditious disposal of the pending criminal case pending the petitioner.
Whether the impugned order regarding the PCC application requires modification to ensure time-bound disposal of the case.
Charandas
State of Kerala
Regional Passport Officer
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court