CWP-20507 IN THE HIGH COURT OF PUNJAB AND HARYANA (237) Gurwinder Singh State of Punjab CORAM: Present: KULDEEP TIWARI 1. the Constitution of India, a prayer is made for issuance of a direction, upon respondents No.2 and 3, to grant the ‘Police Clearance Certificate’ to the petitioner, as he is eligible. Ho (Annexure P Section 10(3) of Scheduled Casts and Scheduled Tribes (prevention of Atrocities) Act, 1989, registered at Police Station S Taran, the authorities concerned, are not granting the Police Clearance Certificate, to the petitioner. 2. has been investigated However, despite to the petitioner. 20507-2023 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Gurwinder Singh Versus Punjab and others HON’BLE MR. JUSTICE KULDEEP TIWARI Mr. J.S. Mahal, Advocate for the petitioner. Mr. Teevar Sharma, AAG, Punjab. **** KULDEEP TIWARI, J.(ORAL) Through the instant writ petition, cast under Articles 226/227 of the Constitution of India, a prayer is made for issuance of a direction, upon s No.2 and 3, to grant the ‘Police Clearance Certificate’ to the as he is eligible. However, due to pendency of (Annexure P-2) dated 23.03.2018, under Section 376 of IPC, 1860 Section 10(3) of Scheduled Casts and Scheduled Tribes (prevention of Atrocities) Act, 1989, registered at Police Station S Taran, the authorities concerned, are not granting the Police Clearance Certificate, to the petitioner. Learned counsel for the petitioner submits that twice the matter has been investigated, and a cancellation report thereof, has However, despite this fact, ‘Police Clearance Certificate to the petitioner. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-20507-2023 Date of Decision : 29.04.2025 …Petitioner Versus ...Respondents KULDEEP TIWARI Mr. Teevar Sharma, AAG, Punjab. petition, cast under Articles 226/227 of the Constitution of India, a prayer is made for issuance of a direction, upon the s No.2 and 3, to grant the ‘Police Clearance Certificate’ to the wever, due to pendency of FIR No.50 2) dated 23.03.2018, under Section 376 of IPC, 1860, and under Section 10(3) of Scheduled Casts and Scheduled Tribes (prevention of Atrocities) Act, 1989, registered at Police Station Sadar Patti, District Ta Taran, the authorities concerned, are not granting the Police Clearance Learned counsel for the petitioner submits that twice the matter and a cancellation report thereof, has also been filed. Police Clearance Certificate’, has not been issued petition, cast under Articles 226/227 of the s No.2 and 3, to grant the ‘Police Clearance Certificate’ to the FIR No.50 under Section 10(3) of Scheduled Casts and Scheduled Tribes (prevention of adar Patti, District Tarn Taran, the authorities concerned, are not granting the Police Clearance Learned counsel for the petitioner submits that twice the matter been filed. , has not been issued MANPREET SINGH 2025.04.30 16:29 I attest to the accuracy and authenticity of this order/judgment CWP-20507 3. hereinafter extracted order, upon the instant writ petition : 4. way of affidavit of Mr. Lovkesh, PPS, Deputy Superintendent of Police, Sub 20507-2023 This Court, vide order dated 17.03.2025, had passed the hereinafter extracted order, upon the instant writ petition : “Through the instant petition, cast under Articles 226/227 of the Constitution of India, a prayer is made for issuance of a mandamus, upon the respondents No.2 and 3, to issue the police clearance certificate, as the same was not granted on account of pendency of FIR No.50 ( P-2) dated 23.03.2018, under Section 376 of IPC, 1860 and Section 10(3) of Scheduled Casts and Scheduled Tribes (prevention of Atrocities) Act, 1989, registered at Police Station Sadar Patti, District Tarn Taran. Upon notice, status report dated 1 affidavit of Mr. Kanwalpreet Singh, PPS, Deputy Superintendent of Police, Sub Division Patti, District Tarn Taran, on behalf of the respondents No.1 to 3, filed today in the Court. The same is taken on the record. Copy whereof, has been supplied to learned counsel for the petitioner. The status report (supra), reveals that the above mentioned FIR was thoroughly investigated into, and thereupon, a cancellation report has been presented for the second time, before the Special Judge is still pending adjudication. However, the status report (supra), does not deal with the issue that even if the FIR is pending against any individual, thus disentitling him to have a police clearance certificate. Learned counsel for the State seeks one more opportunity to file written statement to the instant petition. The asked for request is accepted. Purely in the interest of justice, the case is adjourned to 29.04.2025.” In deference to the directions (supra), reply way of affidavit of Mr. Lovkesh, PPS, Deputy Superintendent of Police, Sub 2 This Court, vide order dated 17.03.2025, had passed the hereinafter extracted order, upon the instant writ petition :- t petition, cast under Articles 226/227 of the Constitution of India, a prayer is made for issuance of a mandamus, upon the respondents No.2 and 3, to issue the police clearance certificate, as the same was not granted on account of pendency of FIR No.50 (Annexure 2) dated 23.03.2018, under Section 376 of IPC, 1860 and Section 10(3) of Scheduled Casts and Scheduled Tribes (prevention of Atrocities) Act, 1989, registered at Police Station Sadar Patti, District Tarn Taran. Upon notice, status report dated 15.03.2025, by way of affidavit of Mr. Kanwalpreet Singh, PPS, Deputy Superintendent of Police, Sub Division Patti, District Tarn Taran, on behalf of the respondents No.1 to 3, filed today in the Court. The same is taken on the record. Copy n supplied to learned counsel for the The status report (supra), reveals that the above mentioned FIR was thoroughly investigated into, and thereupon, a cancellation report has been presented for the second time, before the Special Judge concerned, on 06.01.2025, which is still pending adjudication. However, the status report (supra), does not deal with the issue that even if the FIR is pending against any individual, thus disentitling him to have a police clearance certificate. unsel for the State seeks one more opportunity to file written statement to the instant petition. The asked for request is accepted. Purely in the interest of justice, the case is adjourned to In deference to the directions (supra), reply dated 26.04.2025, by way of affidavit of Mr. Lovkesh, PPS, Deputy Superintendent of Police, Sub This Court, vide order dated 17.03.2025, had passed the t petition, cast under Articles 226/227 of the Constitution of India, a prayer is made for issuance of a mandamus, upon the respondents No.2 and 3, to issue the police clearance certificate, as the same was not Annexure 2) dated 23.03.2018, under Section 376 of IPC, 1860 and Section 10(3) of Scheduled Casts and Scheduled Tribes (prevention of Atrocities) Act, 1989, registered at 5.03.2025, by way of affidavit of Mr. Kanwalpreet Singh, PPS, Deputy Superintendent of Police, Sub Division Patti, District Tarn Taran, on behalf of the respondents No.1 to 3, filed today in the Court. The same is taken on the record. Copy n supplied to learned counsel for the The status report (supra), reveals that the above mentioned FIR was thoroughly investigated into, and thereupon, a cancellation report has been presented for the second time, concerned, on 06.01.2025, which is still pending adjudication. However, the status report (supra), does not deal with the issue that even if the FIR is pending against any individual, thus disentitling him to unsel for the State seeks one more opportunity Purely in the interest of justice, the case is adjourned to dated 26.04.2025, by way of affidavit of Mr. Lovkesh, PPS, Deputy Superintendent of Police, Sub MANPREET SINGH 2025.04.30 16:29 I attest to the accuracy and authenticity of this order/judgment CWP-20507 Division Patti, District Tarn Taran been filed by the learned State counsel today in the Court. The same is taken on the record. 5. State, on instructions imparted to him by SHO Gurcharan Singh, since the aut case, the petitioner now SHO concerned, would take a decision in accordance with law. 6. that he does not wish to press the instant petition, at this stage, and the petitioner shall approach the SHO concerned, by moving apt application redressal of his grievance. 7. from today, the latter shall decision, on such application. 8. pressed, at this stage April 29, 2025 Manpreet 20507-2023 Division Patti, District Tarn Taran, on behalf of the respondents No.1 to 3, been filed by the learned State counsel today in the Court. The same is taken on the record. With the strength of the reply (supra), on instructions imparted to him by SHO Gurcharan Singh, since the authorities concerned, has filed a cancellation report twice, case, the petitioner now applies for a ‘Police Clearance Certificate’ afresh, the SHO concerned, would take a decision in accordance with law. In view of the above, learned counsel for that he does not wish to press the instant petition, at this stage, and the petitioner shall approach the SHO concerned, by moving apt application redressal of his grievance. In case, the petitioner files such an applicatio from today, the latter shall, within 10 days thereafter, would take a final on such application. Consequently, the instant writ petition is pressed, at this stage. , 2025 Whether speaking/reasoned Whether reportable 3 on behalf of the respondents No.1 to 3, has been filed by the learned State counsel today in the Court. The same is taken With the strength of the reply (supra), learned counsel for the on instructions imparted to him by SHO Gurcharan Singh, submits that horities concerned, has filed a cancellation report twice, and in applies for a ‘Police Clearance Certificate’ afresh, the SHO concerned, would take a decision in accordance with law. In view of the above, learned counsel for the petitioner submits that he does not wish to press the instant petition, at this stage, and the petitioner shall approach the SHO concerned, by moving apt application, for In case, the petitioner files such an application within a week within 10 days thereafter, would take a final Consequently, the instant writ petition is disposed of being not (KULDEEP TIWARI) JUDGE : Yes/No : Yes/No has been filed by the learned State counsel today in the Court. The same is taken learned counsel for the submits that and in applies for a ‘Police Clearance Certificate’ afresh, the the petitioner submits that he does not wish to press the instant petition, at this stage, and the , for n within a week within 10 days thereafter, would take a final disposed of being not MANPREET SINGH 2025.04.30 16:29 I attest to the accuracy and authenticity of this order/judgment