Disposed

Sibin v. the Regional Passport Officer,Regional Passport Office Cochin

Kerala HC9 Jan 2024WP(C)/171/2024

Case brief

AI extract

What is this about?

An applicant with a job offer in Kuwait sought a Police Clearance Certificate while a criminal case under Section 75 JJ Act was pending against him. Relying on Siju v. Regional Passport Officer, the court directed the Passport Officer to process the application and decide within three weeks.

What did the court decide?

Direction to 1st respondent to process PCC application per Siju judgment and decide within three weeks.

Sibin Vs the Regional Passport Officer,Regional… — Writ and Judicial Review | Kerala HC (2024)

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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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TUESDAY, THE 9TH DAY OF JANUARY 2024 / 19TH POUSHA, 1945
WP(C) NO. 171 OF 2024

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PETITIONER:

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SIBIN

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AGED 32 YEARS
S/O KUMARAN, KALLUNGAL HOUSE,
KUNDALIYOOR DESAM, P.O ETHAY, ENGANDIYUR VILLAGE.
THRISSUR., PIN – 680616

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BY ADV MANSOOR ALI

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RESPONDENTS:

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1 THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE COCHIN SHIHAB THANGAL ROAD, COCHIN. ERNAKULAM, PIN - 682036

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2 THE STATION HOUSE OFFICER VADANAPILLY POLICE STATION VADANAPILLY P.O, THRISSUR, PIN – 680614

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SRI.S.GOPINTHAN -SR.GOVERNMENT PLEADER
SRI.S.MANU DSGI

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.171 OF 2024 2

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JUDGMENT

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Dated this the 9^th day of January, 2024

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The petitioner, who is an unemployed citizen, is aggrieved by the action of the 1^st respondent-Regional Passport Officer in refusing to consider the application of the petitioner for Police Clearance Certificate even after a lapse of two months.

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The petitioner states that he has a job offer in Kuwait and in order to migrate to Kuwait, he requires a Police Clearance Certificate from the Regional Passport Officer. The petitioner is an accused in Crime No.203 of 2021 of Vadanappally Police Station for offence punishable under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 The crime is pending as S.C.No.809 of 2023 in the First Additional Sessions Court,

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WP(C) NO.171 OF 2024

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Thrissur. Counsel for the petitioner submitted that in view of the judgment of this Court in Siju v. Regional Passport Officer [W.P.(C) No.17204 of 2021], the petitioner is entitled to get a Police Clearance Certificate even though a crime is pending against the petitioner.

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Deputy Solicitor General of India submitted that taking into consideration the judgment of this Court in Siju v. Regional Passport Officer , the petitioner’s application for Police Clearance Certificate can be considered and the petitioner can be issued with a customised Police Clearance Certificate incorporating the particulars of the criminal case pending against the petitioner, if all other parameters are satisfied.

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Taking into consideration the law laid down by this Court in Siju v. Regional Passport Officer (supra), the writ petition is disposed of directing the 1^st respondent-Regional Passport Officer to process the application for issuance of

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WP(C) NO.171 OF 2024

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Police Clearance Certificate and conclude the proceedings taking note of the judgment of this Court in Siju v. Regional

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Passport Officer (supra) and take appropriate decision thereon, within a period of three weeks.

Sd/-

N.NAGARESH

JUDGE

hmh

WP(C) NO.171 OF 2024
 5

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APPENDIX OF WP(C) 171/2024

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PETITIONER EXHIBITS

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Exhibit P1THE TRUE COPY OF THE ORDER IN CRL MP
5857/2023 IN SC 809/2023 DATED
04.12.2023
Exhibit P2TRUE COPY OF THE LETTER ISSUED BY THE
1ST RESPONDENT DATED 15-11-2023
Exhibit P3THE TRUE COPY OF THE REPLY SUBMITTED
BY THE PETITIONER BEFORE THE 2ND
RESPONDENT DATED 05-12-2023

Sibin v. the Regional Passport Officer,Regional Passport Office Cochin

Case brief

What is this about?

What did the court decide?

Sibin v. the Regional Passport Officer,Regional Passport Office Cochin

Case brief

What is this about?

What did the court decide?

What the court decided

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