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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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