Police clearance for passport

Querist : Anonymous (Querist) 13 February 2025 This query is : Resolved
Fact of the case:
In a dispute held between a person “A” and a group of 10 people “X” and an FIR and counter FIR were filed and accordingly two cases registered before the MM court. Two Accused persons “B & C” from group “X” has filed a writ Petition before the High court for quashing of the proceeding similarly “A” also has filed a writ Petition for quashing of the proceeding. At the time of hearing of the petitions the counsels of both parties submitted before the high court that the matter was amicably settled between the parties. The original complainant has filed a consent affidavit for the same. The High court has passed the order that *"both the writ petitions are allowed. Consequently, the impugned FIRs and the proceedings arising therefrom are quashed and set aside qua the Petitioners in these petitions."*
Based on the order passed by the High court the Ld. MM court has also passed the order below EXH. 1 as *“Perused the order of Hon’ble Bombay High Court in Cri. WP No. _______/2024. Hon’ble Bombay High Court has been pleased to quash and set aside present proceeding. In the view of the same the present proceeding stands disposed of accordingly."*
*My query* is that one “D” from the group “X” has applied for the renewal of his passport and during the police verification, the CBI has raised an objection saying that in any of the court orders, nowhere the name of “D” is mentioned hence the matter against the “D” is still pending.
Under the circumstance what remedy is available for “D” for obtaining a police clearance certificate for renewal of his passport.

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Quick Summary

A person whose FIR was quashed by the High Court is facing issues with passport renewal because their name isn't explicitly mentioned in the court order, leading to a police objection. Although the case was settled amicably and the High Court quashed proceedings for the petitioners, the CBI is treating the matter as still pending against this individual. The advice suggests that if a criminal case is still formally pending against 'D' in the trial court, they may need to approach the High Court again for specific relief.

T. Kalaiselvan, Advocate (Expert) 14 February 2025
The criminal case is still pending against the D hence he has to first get the case disposed after which the PCC can be applied for.

P. Venu (Expert) 18 February 2025
Is the criminal case against D still pending in the Trial Court? If so, he needs to approach the High Court and seek appropriate remedies.

Sudhir Kumar, Advocate (Expert) 19 February 2025
You have not been able to explain matter clearly. It is not understood how CBI comes to picture when the dispute is between two individuals.The case may have been registered by Police and passport verification is done by CID.

and all that can be understood that criminal case is pending and passport renewal is being declined.

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