Allahabad High Court
SHAILENDRA KUMARversusUNION OF INDIA THRU. SECY. MINISTRY OF EXTERNAL AFFAIRS GOVT. OF INDIA AND 3 OTHERS
- Decided
- Disposal
- Disposed off/Decided on merits
Holding
The Court held that the police must issue the Police Clearance Certificate within three days of the order.
Summary
The petitioner, Shailendra Kumar, filed a writ petition seeking a Police Clearance Certificate (PCC) required for travel abroad, after an Additional Chief Judicial Magistrate had already granted permission to travel. Despite the magistrate’s order dated 21‑08‑2025, the police failed to issue the PCC. The High Court examined the failure of the police to comply with the magistrate’s direction and the consequent hindrance to the petitioner’s travel. The Court directed the police to furnish the PCC within three days and instructed the passport office to act expeditiously. Accordingly, the writ petition was disposed with these directions.
Issues considered
- Whether the police are obligated to issue a Police Clearance Certificate within the period prescribed by a magistrate’s order.
Subjects
- Police Clearance Certificate
- Passport
- Writ Petition
- Travel Abroad
- Magistrate Order
- High Court Direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
WRIT - C No. - 12039 of 2025
Shailendra Kumar
.....Petitioner(s)
Versus
Union Of India Thru. Secy. Ministry Of External
Affairs Govt. Of India And 3 Others .....Respondent(s)
Counsel for Petitioner(s) : Sachin Pandey
Counsel for Respondent(s) : A.S.G.I., C.S.C.
Court No. - 3
HON'BLE SHEKHAR B. SARAF, J.
HON'BLE MANJIVE SHUKLA, J.
1. Heard learned counsels appearing for the parties.
2. In the present facts and situation, it is clear that in spite of the learned
Additional Chief Judicial Magistrate, Court No. 20, Sultanpur having
passed an order dated 21.08.2025 granting permission to the petitioner to
travel abroad, the Police has not provided the Police Clearance
Certificate.
3. In light of the same, the police authorities are directed to immediately
provide the Police Clearance Certificate within a period of three days
from now.
4. This clearance certificate should be provided to the passport office
within three days.
5. The Passport Officer is directed to take action expeditiously in
accordance with law in the subject matter.
6. With the above directions, the writ petition is disposed of.
(Manjive Shukla,J.) (Shekhar B. Saraf,J.)
January 5, 2026
Satish
Digitally signed by :-
SATISH KUMAR BHARATI
High Court of Judicature at Allahabad,
Lucknow Bench
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