Case title: Sri K C Cariappa V. State Of Karnataka.
Case no.: Writ Petition No. 8599 of 2024
Decided on: 25.03.2024
Quorum: Hon’ble Mr. Justice M. Nagaprasanna
FACTS OF THE CASE:
The petitioner, Sri K C Cariappa, was invited to play cricket in England to represent the State. However, he faced a hurdle as he was denied a police clearance certificate necessary for traveling abroad. This denial was based on a crime registered against him by his fiancée under IPC Sections 323, 504, 506, and 420 in Crime No. 458 of 2023, which was still under investigation. Despite the invitation to play cricket and the need for the clearance certificate, the legal issue arose due to the ongoing investigation and the denial of the certificate. This led to the petitioner seeking legal recourse through a writ petition to obtain the necessary clearance for his travel to England for the cricket event.
LEGAL PROVISIONS:
The legal provisions involved in the case were the Indian Penal Code (IPC) Sections 323, 504, 506, and 420. These sections pertain to offenses related to causing hurt, intentional insult with intent to provoke breach of the peace, criminal intimidation, and cheating respectively. The denial of the police clearance certificate for the petitioner’s travel was based on the registration of a crime against him under these specific sections by his fiancée in Crime No. 458 of 2023, which was still under investigation.
APPELLANTS CONTENTION:
The appellant, Sri K C Cariappa, contended that he needed the police clearance certificate to travel to England to play cricket as he had been invited to represent the State. Despite being denied the certificate due to a crime registered against him by his fiancée, he argued that the matter was still under investigation and should not hinder his travel plans. The appellant sought legal intervention through a writ petition to direct the second respondent to approve the police clearance for visa clearance, enabling him to participate in the cricket event.
RESPONDENTS CONTENTION:
The respondents, represented by the Deputy Solicitor General of India and the Additional Government Advocate, contended that except for the subject FIR, there were no other pending cases against the petitioner. They assured that the police would grant the necessary clearance and that the Regional Passport Office would issue the clearance certificate without delay upon verification from the state. The respondents acknowledged the importance of the police clearance for the petitioner’s travel and committed to ensuring the timely issuance of the required documents.
COURT ANALYSIS AND JUDGMENT:
The Court recognized the pressing need for the petitioner to obtain the police clearance certificate promptly to travel to England for a cricket event. Acknowledging the assurance given by the Deputy Solicitor General of India regarding the timely issuance of the clearance, the Court commended the efforts made by all parties involved in facilitating the process. Consequently, the Court decided to dispose of the writ petition, emphasizing that there were no obstacles preventing the petitioner from traveling and that the matter did not require further attention from the Court.
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Judgement reviewed by – Ayush Shrivastava
