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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 30629 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J.
HON'BLE AMITABH KUMAR RAI, J.
1. Heard Sri Prashant Rai, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. By means of the present writ petition, the petitioner has prayed for the following reliefs:-
"(i) Issue a writ order or direction in the nature of mandamus commanding the respondents particularly the Regional Passport Officer and the Superintendent of Police, Azamgarh to forthwith process and issue the Police Clearance Certificate (P.C.C.) in favour of petitioner in connection with his passport No.S9185744 without being influenced by the pendency of F.I.R. No. 0323 of 2024, within stipulated period as fixed by this Hon'ble Court. (ii) Issue a writ order or direction in the nature of mandamus directing respondents to act in accordance with law."
3. Sri Akhilesh Kumar Mishra, learned counsel for the respondents, has placed reliance on a judgment dated 30.07.2025, passed by a Coordinate Bench of this Court in Writ-C No. 22597 of 2025, which is reproduced hereinbelow:-
1. Following prayers have been made in the writ petition:
" (i) Issue a writ, order or direction in the nature of mandamus directing to the Respondent Nos. 2 & 3 to issue Police Clearance Certificate (PCC) in favour of the petitioner in respect of his File No. LK0487056951225 pending in the office of Respondent No. 3. (ii) Issue a writ, order or direction in the nature mandamus directing the Respondent Versus Counsel for Petitioner(s) : Prashant Rai Counsel for Respondent(s) : A.S.G.I., Akhilesh Kumar Mishra, C.S.C. Pankaj Rajbhar .....Petitioner(s) Union Of India And 2 Others .....Respondent(s)
No. 2 to decide the petitioner's applications dated 10.05.2025 & 20.05.2025 sent through E-mail dated 10.05.2025 & 20.05.2025 regarding issuance of Police Clearance Certificate (PCC) in favour of the petitioner in respect of his File No. LK0487056951225 pending in the office of Respondent No. 3 (Annexure No. 20 to the writ petition). "
2. Case of the petitioner is that he has applied for Police Clearance Certificate in respect of Passport No. Y1112371 for migration to Jamaica as he has been given some employment in the said country. The same has not been granted to the petitioner so far in view of pendency of Case Crime No. 301 of 2018.
It is further submitted that the petitioner has challenged the order passed by trial court rejecting his application for discharge in Criminal Appeal No. 5562 of 2019 and wherein an interim order was passed that no coercive action shall be taken against the petitioner. 3. Senior Superintendent, Regional Passport Office, Lucknow has supplied written instructions dated 11.7.2025 through Sri Arvind Kumar Goswami, advocate, appearing for Central Government in which stand taken is as follows:
"5. Adverse police verification report was received on dated 17.03.2025 "FIR NO 301-18 US-120B, 201, 341, 354A, 376, 504, 506, 507 IPC AVAM 3,2 VA SCST ACT AVAM 66, 67 IT ACT, PS CANT GORAKHPUR" against the applicant. (Copy of report is enclosed). 6. It is pertinent to mention here that the applicant suppressed the material Information by hiding pending court matter in his passport applicant. 7. So, as per rule applicant Police Clearance Certificate (PCC) with file no. LK4087053344825 kept on hold. 8. Police clearance is not strictly a passport service. An application for PCC shall be accepted only from applicants holding a valid passport and not with reissue application. PCC is required by many foreign Governments for considering applications for resident status, employment or long term visa or for immigration. PCC is issued on receipt of CLEAR police report. 9. That it is pertinent to mention that the provision for issuing PCC is not explicitly covered under the Passport Act. However, this provision is outlined in the Passport Manual 2020 of the Government of India, Ministry of External Affairs, under Miscellaneous Services on Passport. 10. That after receiving CLEAR police report, this office has no objection to issuing a Police Clearance Report (PCC) to the applicant "
4. As clear stand of Regional Passport Office, Lucknow is that issuance of Police Clearance Certificate (PCC) is not under their control, therefore, in our opinion, prayer made in the instant petition for direction to respondent nos. 2 and 3 i.e. Passport Officer to issue Police Clearance Certificate in favour of the petitioner appears to be misconceived.
WRIC No. 30629 of 2025 2
5. The submission of learned counsel for the petitioner is that the petitioner is only charged for offences under Sections 120-B, 201, 506 IPC and not under other Sections and the Police Clearance Report was submitted on wrong facts. 6. Having regard to the above submission, we leave it open to the petitioner to approach the police authority, if so advised, for re-visiting the matter or seek appropriate remedy against the concerned. 7. The petition stands disposed of."
4. Since the Coordinate Bench of this Court, in the aforesaid writ petition,
disposed of the matter with liberty to the petitioner to approach the police authorities for redressal of his grievance, if so advised, the present writ petition is also disposed of on the same terms.
5. Accordingly, the writ petition stands disposed off in terms of the
judgment dated 30.07.2025, passed in Writ-C No. 22597 of 2025. September 25, 2025 Gaurav WRIC No. 30629 of 2025 3 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad