High CourtsSingle Bench(2022) 04 KL CK 0070

Renil Francis vs Arya P S

High Court Of Kerala · Decided on 12 April 2022

HON’BLE JUDGES
Mohammed Nias.C.P., J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 2430 Of 2022

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Judgment

5 paragraphs · 204 words

Mohammed Nias.C.P., J

1.

The petitioner is the sole accused in Crime No.744 of 2021 of Viyyur Police Station, Thrissur District, alleging offence under Section 498(A) of the Indian Penal Code, which led to the filing of Annexure 2 final report. CC No.1272 of 2021 is pending before the Judicial First Class Magistrate Court-1, Thrissur. The trial court had granted permission to the petitioner to go abroad, but the second respondent-SHO, Viyyur Police Station, is not issuing Police Clearance Certificate citing the case instituted above as the reason. The petitioner prays for a direction to the second respondent to issue Police Clearance Certificate to the petitioner in view of Annexure 3 order of the Judicial First Class Magistrate Court -1, Thrissur.

2.

I have heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

3.

After hearing both sides and taking into account the fact that the trial court had already allowed the petitioner to leave India for the purpose of taking employment, I direct the Station House Officer Viyyur Police Station, Thrissur to issue the necessary Police Clearance Certificate to the petitioner at the earliest and at any rate on or before 19.04.2022.

The Crl.M.C. is allowed as above.