HAJEE ARASALIKE USMAN KAROPADY S/O SRI ABBAS Vs. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS, M.S. BUILDING, BANGALORE AND OTHERS

JUDGEMENT

(1.) IN this writ petition, petitioner is seeking a direction to the Sub -Inspector of Police, Vittal Police Station, Bantwal Taluk, Dakshina Kannada District, to issue clearance certificate to the passport authorities through respondent No.3 -Superintenent of Police. A direction is also sought to respondent No.5 -Regional Passport Officer, Koramangala, Bangalore, to issue a favourable report to the Immigration Authority to take action in the matter in accordance with law.

(2.) THE erase of the petitioner is that himself and his wife are issued passport and are entitled to travel abroad. Petitioner and his wife decided to go on Haj Yathra during October 2011. Accordingly, they booked tickets through travel agent in Mangalore and paid considerable amount as advance. During the course of enquiry by the passport office, it was noticed that the Sub -Inspector of Police, Vittal Police Station, had not sent clearance certificate on the ground that a criminal case in Crime No.162/2010 was pending against the petitioner before the Additional Civil Judge and JMFC, Bantwal.

(3.) IT is the contention of the learned Counsel for the petitioner that in view of this 'B' report which is produced at Annexure -C, the police ought to have brought the same to the notice of respondent No.5 and failure to issue clearance certificate on the part of the Sub -Inspector of Police has resulted in the petitioner being denied of necessary permission to travel abroad. Counsel for petitioner submits that non -issue of clearance certificate is therefore illegal.