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Judgment
B.S. Patil
In this writ petition, petitioner is seeking a direction to the Sub-Inspector of Police, Vittal Police Station, Bantwal Taluk, Dakshina Kannada District, to issue clearance certificate to the passport authorities through respondent No.3-Superintenent of Police. A direction is also sought to respondent No.5-Regional Passport Officer, Koramangala, Bangalore, to issue a favourable report to the Immigration Authority to take action in the matter in accordance with law.
The erase of the petitioner is that himself and his wife are issued passport and are entitled to travel abroad. Petitioner and his wife decided to go on Haj Yathra during October 2011. Accordingly, they booked tickets through travel agent in Mangalore and paid considerable amount as advance. During the course of enquiry by the passport office, it was noticed that the Sub-Inspector of Police, Vittal Police Station, had not sent clearance certificate on the ground that a criminal case in Crime No.162/2010 was pending against the petitioner before the Additional Civil Judge & JMFC, Bantwal.
According to the petitioner, a false complaint had been filed against the petitioner and two others by one Mr. Abdul Zakaria. After conducting a detailed investigation, the Sub-Inspector of Police, Vittal Police Station had filed ''B'' Report holding that there was no substance in the complaint filed.
It is the contention of the learned Counsel for the petitioner that in view of this ''B'' report which is produced at Annexure-C, the police ought to have brought the same to the notice of respondent No.5 and failure to issue clearance certificate on the part of the Sub-Inspector of Police has resulted in the petitioner being denied of necessary permission to travel abroad. Counsel for petitioner submits that non-issue of clearance certificate is therefore illegal.
Learned Government Pleader submits that the police have not given the clearance certificate as the matter in Crime No. 162/2010 was still pending before the Addl. Civil Judge & JMFC, Bantwal. He further submits that the police have not brought to the notice of the Passport Officer the submission of ''B'' report
Learned Assistant Solicitor General submits that if the petitioner is not found involved in any offence, there will be no impediment for respondent No.5 to rely upon the report and proceed in the matter in accordance with law.
Upon hearing the learned Counsel for the parties and on careful perusal of the materials on record, I find that the police, after investigation, have submitted a report as per Annexure-C stating that a false complaint was lodged against the petitioner. They have submitted a report in this regard styled as ''B'' report before the learned Magistrate. They have further taken steps to register a complaint against the person who had lodged such false complaint. Thus, it is clear that as per the police records, petitioner is not found involved in any of the offence alleged. If that is so, respondent-police ought to have brought these true facts to the notice of the Passport Officer, so that respondent No.5 could have acted on the basis of the same in accordance with law.
In that view of the matter, this writ petition deserves to be disposed of with a direction to respondent Nos.3 & 4 to send a fresh report incorporating the factum of submission of B report and also the registration of complaint against the complainant for lodging false complaint, whereupon respondent No.5 on receipt of the same shall consider the matter afresh in accordance with law, expeditiously, Ordered accordingly.