BITTU GEEVARGHESE KURIAN Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) The short point is whether an accused is entitled to a police clearance certificate.

(2.) The petitioner has applied for the post of Assistant Duty Manager in a Company that does ground handling services at the Cochin International Airport. By Ext.P1 letter, the Company requested the Superintendent of Police, Pathanamthitta (2ndrespondent), to issue a police clearance certificate (PCC) in favour of the petitioner after verifying his character and antecedents. By Ext.P2 proceeding, the 2nd respondent has rejected Ext.P1 request, reporting that the petitioner is an accused in C.C.No.1359/2022 on the file of the Judicial First-Class Magistrate Court - I, Thiruvalla. The implication of the petitioner in the above crime is not a reason to deny a PCC. This Court has considered this aspect in Ext.P3 judgment and several other decisions. The petitioner's wife has falsely implicated him in the Crime, alleging him to have committed the offences under Ss. 498A and 506 r/w Sec. 34 of the Indian Penal Code. Ext.P2 proceeding is illegal and arbitrary. Hence, the respondents may be directed to issue a PCC in favour of the petitioner.

(3.) Heard: the learned counsel for the petitioner and the learned Government Pleader.