R/SCR.A/8470/2025 ORDER DATED: 04/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 8470 of 2025 ========================================================== HETAL GIRISHCHANDRA JAYANTILAL SUTARIA Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR EKANT G AHUJA(5323) for the Applicant(s) No. 1 MS MAITHILI MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 04/07/2025 ORAL ORDER 1. Rule. Learned advocates waive service of rule for the respective respondents. 2. Heard learned advocates for the respective parties. 3, The present petition is filed by the petitioner seeking direction to the respondent Nos.3 and 4 to issue the Police Clearance Certificate to the petitioner within one week. 4. The present petitioner is an accused in the complaint being C.R. No.11191065200923 of 2020 registered with Narol Police Station. 5. It is submitted that the mother of the petitioner and other relatives are permanent residents of the USA, and the petitioner’s mother initiated immigration proceedings for the petitioner, his wife, and their two sons. As part of this process, the petitioner, as the principal applicant, is required to submit R/SCR.A/8470/2025 ORDER DATED: 04/07/2025 Form DS-260 along with a Police Clearance Certificate (PCC) before the concerned authorities. The petitioner received a communication dated 18.07.2024 from the National Visa Center, U.S. Department, directing him to pay the requisite fees and to submit the immigrant visa application along with supporting documents, including PCC, before the visa interview at the U.S. Embassy/Consulate. Pursuant to this, the petitioner applied for a PCC before respondent no. 2 on 24.08.2024 and furnished all required details. However, in view of the pendency of a criminal case, respondent no. 2 called upon the petitioner to furnish a certified copy of the court judgment or appropriate permission. It is submitted that PCC has already been issued to the petitioner’s wife. It is further submitted that without the PCC, the petitioner’s immigrant visa process cannot proceed, which would adversely affect the petitioner and his family, who are dependent on the petitioner’s immigration process. In view of the above, the petitioner has filed the present petition seeking necessary directions to the respondent authorities. It is submitted that under the Passport Rules, the petitioner is required to apply for PCC before the concerned Passport Seva Kendra within the jurisdiction of his Passport Office (respondent no. 2). Earlier, the petitioner approached this Hon'ble Court by filing Special Criminal Application No. 16678 of 2024, wherein this Hon'ble Court directed respondent no. 2 to issue the PCC. However, vide communication dated 19.03.2025, respondent no. 2 called upon the petitioner to obtain directions upon the police authorities for issuance of PCC. Therefore, the petitioner prays before this Hon’ble Court to direct respondent no. 3 to issue the Police Clearance Certificate to enable the petitioner to complete his immigration process. The petitioner undertakes to abide by any R/SCR.A/8470/2025 ORDER DATED: 04/07/2025 terms and conditions that may be imposed by this Court. The petition may be allowed and grant the reliefs as prayed for. Learned APP appearing for the respondent-State has fairly submitted that the authority has no objection. It is submitted that a charge-sheet has been filed, and the case is pending adjudication. However, in view of the directions passed by the Coordinate Bench of this Hon’ble Court in similar matters, the authority has no objection if similar directions are issued in the present case. 6. Upon perusal of the record, it appears that the petitioner had earlier approached this Court by way of Special Criminal Application No. 16678 of 2024 seeking directions to the respondent authority. The Coordinate Bench of this Court allowed the petition on 22.01.2025, directing respondent no. 2 to issue a Police Clearance Certificate to the petitioner within two weeks from the date of receipt of the order, after following due process. However, despite the said direction, the respondent authority has once again insisted that the petitioner submit a police clearance certificate from the police authority. Hence, the petitioner has approached this Court seeking appropriate directions. 7. Considering the facts and circumstances of the case, and the orders passed by the Coordinate Bench of this Court in Special Criminal Application No. 6155 of 2020 and order dated 30.03.2016 passed in Special Criminal Application No. 1406 of 2016, Respondent Nos. 2 and 3 are directed to issue the Police Clearance Certificate to the petitioner. It is made clear that as R/SCR.A/8470/2025 ORDER DATED: 04/07/2025 and when the petitioner intends to travel abroad, he shall obtain prior permission from the concerned trial Court. 8. In view of the above, the petition stands allowed. Rule is made absolute to the aforesaid extent. Direct service is permitted. (HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 05/07/2025 17:34:29