ARUN PUSHPANGADAN v. THE DEPUTY SUPERINTENDENT OF POLICE, SUB-DIVISION, CHENGANNUR; THE STATION HOUSE OFFICER, POLICE STATION OF KURATHIKAD; THE PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, KOCHI

``` WP(C) NO. 3143 OF 2023 ``` ``` 1 ``` ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 6[TH]DAY OF FEBRUARY 2023 / 17TH MAGHA,1944 WP(C) NO. 3143 OF 2023 ``` ``` PETITIONER: ``` ``` ARUN PUSHPANGADAN AGED 32 YEARS S/O PUSHPANGADAN, CHEMPALLIL THEKKATHIL (H), CHERUKUNNAM MURI, THEKKEKKARA P.O, THEKKEKKARA VILLAGE, MAVELIKARA TALUK, ALAPPUZHA DISTRICT, PIN - 690107 BY ADVS. MANU RAMACHANDRAN M.KIRANLAL R.RAJESH (VARKALA) SAMEER M NAIR GEETHU KRISHNAN SAILAKSHMI MENON ``` ``` RESPONDENT: ``` ``` 1THE DEPUTY SUPERINTENDENT OF POLICE SUB-DIVISION, CHENGANNUR, CHENGANNUR P.O, ALAPPUZHA DISTRICT, PIN - 689122 2THE STATION HOUSE OFFICER POLICE STATION OF KURATHIKAD, ALAPPUZHA DISTRICT, PIN - 690534 3THE PASSPORT OFFICER THE REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR, KOCHI ERNAKULAM DISTRICT, PIN - 682036 ``` ``` THISWRITPETITION(CIVIL)HAVINGCOMEUPFOR ADMISSIONON06.02.2023,THECOURTONTHESAMEDAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 3143 OF 2023 ``` ``` 2 ``` ## **JUDGMENT** The question posed by the petitioner, in this case, is whether the registration of a crime under Section 102 of the Cr.P.C. should deter the passport authorities from issuing the Police Clearance Certificate (PCC). 2. Short facts are as under: a) The petitioner is the holder of Indian Passport No. T2570603, issued on 06.12.2019 and has validity till 05.12.2029. He asserts that the earlier passport bearing No. N2704625, issued on 11.09.2015, had expired, and it was pursuant to the same that he had applied for and obtained the present passport. With a view to joining his wife, who had secured admission to a competency assessment program in New Zealand, the petitioner submitted Ext.P3 application for the issuance of a PCC. b) The petitioner asserts that in the year 2021, on the allegation that the petitioner herein was in possession of a hard drive containing prohibited materials, a crime was registered on 06.06.2021 under Section 102 of the Cr.P.C. The petitioner asserts that registration of crime under Section 102 of Cr. P.C. is illegal, as held by this Court in **Akhil C. v. State of Kerala** [2021 (4) KLT 12]. He has approached this Court and preferred Crl. M.C No. 371/2023 seeking to quash the proceedings, which petition is ``` WP(C) NO. 3143 OF 2023 ``` ``` 3 ``` still pending. The petitioner asserts that the hard drive taken from the possession has been forwarded to Forensic Science Laboratory, Ernakulam. However, the analysis has not been done. He contends that the mere registration of the crime is not a reason to conclude that criminal proceedings are pending against the petitioner herein. c) The petitioner states that he has been served with Ext.P6 notice on 04.01.2023, wherein it is alleged that the petitioner had suppressed the facts of registration of the said crime while applying for re-issuance of passport. According to the petitioner, Ext.P6 notice has no basis as the crime was registered much after the re-issuance of the passport. The petitioner states that in the said circumstances, the petitioner issued Ext.P7 explanation through e-mail pointing out the facts and circumstances. d) The petitioner asserts that without considering Ext.P7, the 3rd respondent has now caused the issuance of Ext.P8 notice directing the petitioner to produce orders from the court, and it is also stated that the case against the petitioner stands charged and reference is made to UD 374/2021 on the files of Judicial First Class Magistrate, Mavelikkara. e) Relying on Exts.P9 and P9(a) status report downloaded from the e-courts website, it is contended that no such case is pending. ``` WP(C) NO. 3143 OF 2023 ``` ``` 4 ``` f) It is on these assertions that this writ petition is filed seeking to quash Exts.P6 and P8 and further direction to the 3rd respondent to consider and take action on Exts.P7 and P10 explanation submitted by the petitioner in the light of the law laid down in **Muhammed v. Union of Indian & Others** [2018 (4) KHC 945]. 3. This Court had directed the learned Government Pleader to get instructions as regards the status of Crime No. 374/2021 of Kurathikad Police Station. On instructions, it is submitted by the learned Government Pleader that Ext.P4 is the true copy of FIR and that the hard drive, which was taken from the possession of the petitioner pursuant to the registration of the crime, has been forwarded to the Forensic Science Laboratory and report is awaited. In other words, no criminal prosecution has been initiated based on any recovery effected from the possession of the petitioner. 4. The learned DSGI, on instructions, submitted that it is based on the report received from the police that Ext.P6 and P8 notices were issued directing the petitioner to produce the disposal order/no objection from the court. 5. Sri. Manu Ramachandran, the learned counsel for the petitioner, urges that this Court in **Muhammed** (Supra) has held that a ``` WP(C) NO. 3143 OF 2023 ``` ``` 5 ``` criminal case can be stated to be pending only when cognizance has been taken by the magistrate. The learned counsel also relied on the judgment of **Akhil C** (Supra) and submitted that Section 102(1) of Cr.P.C. would only enable the police officials to seize any property which may be alleged or suspected to have been stolen or which is found under suspicious circumstances and as Section 102 of Cr.P.C. is not an offence, the registration of crime on strength of the said provision is clearly illegal. 6. I have considered the contentions advanced. 7. From the records, it appears that Ext.P4 crime was registered under Section 102 of the Cr.P.C. pursuant to the seizure of a hard drive on the allegation that the petitioner was in possession of pornographic materials. As held by this Court in **Akhil C** (Supra), no such crime could have been registered by invoking Section 102 of the Cr.P.C. Admittedly, no other case is pending against the petitioner. Even otherwise, as held by this Court in **Muhammed** (Supra), a criminal case can be said to be initiated only after the final report is filed and cognizance has been taken by the court having jurisdiction. In that view of the matter, the petitioner is entitled to succeed. Exts.P6 and P8 are quashed. There will be a direction to the 3rd respondent to reconsider the matter and issue the PCC sought for by the ``` WP(C) NO. 3143 OF 2023 ``` ``` 6 ``` petitioner expeditiously, in any event, within two weeks from the date of receipt of a copy of this judgment. This writ petition is disposed of. # **Sd/RAJA VIJAYARAGHAVAN V JUDGE** LU ``` WP(C) NO. 3143 OF 2023 ``` ``` 7 ``` ## **`APPENDIX OF WP(C) 3143/2023`** ## **`PETITIONER EXHIBITS :`** |**`EXHIBIT P1`**|**`THE TRUE COPY OF THE RELEVANT PAGES OF THE`**| |---|---| ||**`INDIAN PASSPORT NO.T2570603 BELONGING TO THE`**| ||**`PETITIONER`**| |**`EXHIBIT P2`**|**`THE TRUE COPY OF THE CERTIFICATE OF NEW`**| ||**`ZEALAND SPECIFIC NURSING THEORY (PART-I)`**| ||**`DATED 20.12.2022 OF THE PETITIONER'S WIFE`**| |**`EXHIBIT P3`**|**`THE TRUE COPY OF THE PETITIONER' APPLICATION`**| ||**`FOR PCC VIDE. APPLICATION REF.`**| ||**`NO.22-1014109037 AND FILE NO.CO1086750934722`**| ||**`DATED 22.12.2022`**| |**`EXHIBIT P4`**|**`THE TRUE COPY OF THE FIR IN CRIME NO.374/2021`**| ||**`OF KURATHIKAD POLICE STATION, ALAPPUZHA`**| ||**`DISTRICT`**| |**`EXHIBIT P5`**|**`THE TRUE COPY OF THE COVERING LETTER VIDE`**| ||**`NO.5363/2021/H OF THE SDM, CHENGANNUR TO`**| ||**`REGIONAL FORENSIC SCIENCE LABORATORY,`**| ||**`ERNAKULAM`**| |**`EXHIBIT P6`**|**`THE TRUE COPY OF THE LETTER REF:`**| ||**`NO.SCN/314040733/23 DATED 04.01.2023 ISSUSED`**| ||**`BY THE 3RD RESPONDENT TO THE PETITIONER`**| |**`EXHIBIT P7`**|**`THE TRUE COPY OF THE EXPLANATION LETTER DATED`**| ||**`10.01.2023 SEND TO THE 3RD RESPONDENT BY`**| ||**`EMAIL DATED 11.01.2023`**| |**`EXHIBIT P8`**|**`THE TRUE COPY OF THE LETTER REF. NO.:`**| ||**`FCI/314132047/23 DATED 20.01.2023 ISSUED BY`**| ||**`THE 3RD RESPONDENT TO THE PETITIONER`**| |**`EXHIBIT P9`**|**`THE TRUE PRINTOUT COPY OF THE SEARCH RESULT`**| ||**`GENERATED ON 26.01.2023 FROM E-COURTS WEBSITE`**| ||**`RELATED TO FIR IN CRIME NO.374/2021 OF`**| ||**`KURATHIKAD POLICE STATION, ALAPPUZHA DISTRICT`**| ||**`RELATED TO COURT COMPLEX, MAVELIKARA`**| |**`EXHIBIT P9(A)`**|**`THE TRUE PRINTOUT COPY OF THE SEARCH RESULT`**| ||**`GENERATED ON 26.01.2023 FROM E-COURTS WEBSITE`**| ||**`RELATED TO FIR IN CRIME NO.374/2021 OF`**| ||**`KURATHIKAD POLICE STATION, ALAPPUZHA DISTRICT`**| ||**`RELATED TO JFMC-I, MAVELIKARA`**| |**`EXHIBIT P10`**|**`THE TRUE COPY OF THE EXPLANATION TO EXT.P8`**| ||**`NOTICE DATED 26.01.2023 SEND BY THE`**| ||**`PETITIONER VIA EMAIL ON 26.01.2023 TO THE 3RD`**| ||**`RESPONDENT`**| |**`EXHIBIT P11`**|**`THE TRUE COPY OF THE OFFICE MEMORANDUM VIDE`**| ``` WP(C) NO. 3143 OF 2023 ``` ``` 8 ``` ``` NO. VI/401/1/5/2019 DATED 10.10.2019 ISSUED BY THE MINISTRY OF EXTERNAL AFFAIRS, GOVERNMENT OF INDIA ```