(1.) Heard Mr. V. Raghavachari, Learned Counsel for the Petitioner, Mr. P. Ayyaswamy, Learned Central Government Standing Counsel appearing for the First and Second Respondents, and Mr. G. Bharath Chakaravarthy, Learned Public Prosecutor (Pondicherry) appearing for the Third and Fourth Respondents, and perused the materials placed on record, apart from the pleadings of the parties.
(2.) The Petitioner, though born in India, is a French National and holds French Passport bearing No. 14AF50756. The marriage of the Petitioner with one Dhanalakshmi was solemnized on 03.11.2014 at Puducherry during one of his visits to India. The Petitioner and the said Dhanalakshmi had come down to India on 01.05.2015 and at that time, the said Dhanalakshmi had lodged a criminal complaint in FIR No.95 of 2015 with the Fourth Respondent, viz., the Station House Officer, Grand Bazaar Police Station, Puducherry against the Petitioner alleging commission of offences under Sections 323, 324 and 506(ii) of the Indian Penal Code. After filing charge- sheet, the Petitioner was prosecuted for the said offences in C.C. No. 13 of 2016 before the Chief Judicial Magistrate, Puducherry. According to the Petitioner, during the pendency of that criminal case, the Fourth Respondent had seized his aforesaid French Passport, which was neither filed nor marked as exhibit in the proceedings in the Criminal Court. The Petitioner was ultimately acquitted in that criminal case and the appeal preferred against the same by the said Dhanalakshmi in C.A. No. 27 of 2017 was dismissed by judgment dated 11.06.2018 passed by the Principal Sessions Judge, Puducherry. The passport that had been seized by the Fourth Respondent from the Petitioner had been returned to him after an ordeal and that too, only pursuant to the order dated 19.12.2017 in Crl. O.P. No. 24152 of 2017 passed by this Court. At that stage, when the Petitioner made an application to the First Respondent, viz., the Regional Registration Officer, Department of Immigration, Puducherry, for Exit Visa so as to enable him to leave India, he was required to produce Non-Conviction Certificate duly signed and stamped by the Third and Fourth Respondents for both the addresses of his stay under the Orleanpet and Grand Bazar Police Stations clearly mentioning that there was no criminal case was pending till then. Aggrieved by that requirement, the Petitioner has filed this Writ Petition to direct the First and Second Respondent not to insist on the Non-Conviction Certificate from the Fourth Respondent for the purpose of processing his Exit Visa Papers vide Application No. 1804188 FVMVO.
(3.) After service of notice, the First and Second Respondents have filed Counter Affidavit dated 10.12.2018 stating that the Petitioner was required to produce the aforesaid Non-Conviction Certificate on account of the legal notice dated 04.09.2018 that had been received from one Mr. M. Vaikunth, Advocate, on the instructions from the said Dhanalakshmi, complaining that a domestic violence case in DVOP No. 4 of 2017 preferred by her against the Petitioner before the Chief Judicial Magistrate, Puducherry, was pending, apart from Crl. R.C. No. 961 of 2018 before this Court against the judgement dated 11.06.2018 in C.A. No. 27 of 2017 passed by the Principal Sessions Judge, Puducherry.