1. This petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner seeking direction upon the concerned respondent authorities to issue police clearance certificate to the petitioner inasmuch as the petitioner has applied for immigrant visa, as the petitioner intends to go abroad.
2. That one criminal case being C.R. No. II-3039 of 2004 came to be registered with Vidyanagar Police Station for the offences punishable under Section 279 of the Indian Penal Code and Section 185 of the Motor Vehicles Act against the petitioner. That, ultimately in the aforesaid criminal case, order came to be passed by the learned Judicial Magistrate First Class, Anand whereby the petitioner was held guilty for the aforesaid offences and penalty of Rs.300/- came to be imposed upon the petitioner. That another criminal case being No.3983 of 2004 for the offences punishable under Sections 323, 504, 506(2) and 114 of the Indian Penal Code against the petitioner, the judgment and order came to be passed by the learned 3rd Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Anand dated 30.9.2011 whereby the petitioner has been acquitted. Thus, no criminal case is pending against the petitioner and aforesaid two criminal cases have already been disposed of. However, in the guise of aforesaid two criminal cases, the concerned respondent authorities are not issuing the Police Clearance Certificate to the petitioner. Hence, this petition.
3. Mr.
Suthar, learned advocate for petitioner submits that while issuing police verification certificate at 'Annexure B' Police Inspector, L.I.B., for Superintendent of Police Anand, District: Anand, recommended not to issue police clearance certificate. The above certificate though it is police verification certificate but is in the form of recommendation and in view of the above fact and even notification issued by the Home Department, Govt. of Gujarat dated 10.8.2010 all Commissioners of Superintendents of Police were directed to issue only police verification certificate and not police clearance certificate.
4. In view of the above notification, the Regional Passport Authority/Office may exercise powers under the Passport Act and Rules on the basis of the certificate dated 2.4.2012 treating it as a police verification certificate ignoring other recommendations in accordance with law.
5. At this stage, no further direction is necessary and the petition is disposed of accordingly. Notice discharged. Direct service is permitted.
[ANANT S. DAVE, J.] //smita// Top