J. SHASHANKA Vs. UNION OF INDIA

JUDGEMENT

(1.) The short grievance of the petitioner who holds Indian Passport and who intends to travel abroad is as to non-issuance of Clearance Certificate by the jurisdictional police for facilitating issuance of Police Clearance Certificate by the Passport Authority in terms of Rule 2(c) of Passport Rules, 1980. Learned counsel for the petitioner submits that right to travel abroad being a facet of fundamental right guaranteed under Article 21 of the Constitution in the light of decision in MANEKA GANDHI vs. UNION OF INDIA, AIR 1978 SC 597, there cannot be unreasonable delay in the issuance of clearance certificate by the respondent police. He also fairly brings to the notice of the court about his alleged involvement in Crime No.226/2020 of Ramamurthy Police Station wherein after investigation, 'B' report has been filed before the jurisdictional Magistrate, who has given permission to travel abroad vide order dtd. 1/4/2023.

(2.) Learned Sr.CGC appearing for the Respondent No.1-UOI, Respondent No.2-RPO and learned HCGP appearing for Respondent No.3 oppose the petition contending that mere filing of 'B' Report would not do; the Apex Court in MRS. RUPAN DEOL BAJAJ & ANOTHER vs. K.P.S. GILL & ANOTHER, AIR 1996 SC 309 has indicated that unless some order is passed thereon by the court, the criminal case is not closed, especially when the complainant has right to file the protest petition. So contending they seek dismissal of the writ petition.

(3.) Having heard the learned counsel for the parties and having perused the Petition Papers, this court is inclined to direct the respondent-police to issue the Clearance Certificate inasmuch as the Court before whom the subject criminal case is pending itself has granted permission to travel abroad. Court is yet to pass a formal order on 'B' Report, is beside the point.