LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vishnu Vardhan   20 September 2021

Police clearance certificate

can i get police clearance certificate when fir under sec498a is registered. I have got bail stating that there is no material evidence from high court. now chargesheet is also filed.I need police clearance certificate for going abroad for a new job. she has also filed a dvc in court. these are all false complaints. kindly advice.


Learning

 7 Replies

Dr. J C Vashista (Advocate and Legal Consultant)     20 September 2021

The FIR case u/s 498 A IPC is pending before High Court or Trail Court of Magistrate as you have stated, inter alia, that, "....that there is no material evidence from high court..."?? What is the opinion and advise of your lawyer engaged for contesting case(s) filed against you?

P. Venu (Advocate)     20 September 2021

Is such a condition (as to police clearance certificate) imposed while granting bail? If not, why you require such a certificate?

Vishnu Vardhan   23 September 2021

I require pcc for my job purpose. I am afraid this fir will reflect in my pcc.

P. Venu (Advocate)     23 September 2021

If so, the only option for you is to get discharge from the trial court or approach the High to get the the FIR quashed. However, this is possible only in exceptional cases where the charge report, taken as a whole and accepted in its entirety, does not constitute the offences alleged.

minakshi bindhani   23 November 2021

As per your concern!

FIR quashing is the petition filed before High Court for quashing the FIR and all related proceedings against the accused. An FIR can be quashed by the High Court if the Court is satisfied that the accused is falsely implicated and FIR is bogus and frivolous.

Section 482 of the Criminal procedure code (CrPC), 1973 enumerates that a High Court has got the power to act in any manner to make the two ends of justice meet.

Under this section, a High Court has the power to quash an FIR if it thinks that the FIR which has been lodged is a false one and was done with malicious intention to trouble the aggrieved person.

If any person has been implicated and accused of a non-compoundable offence then he can approach a High Court and file a Writ Petition under Article 226 of the Indian Constitution read with Section 482 of CrPC.

The burden of proof is on the petitioner to prove that the FIR has been lodged only for malicious reasons and to trouble the petitioner.

Hope it is useful!
Regards
Minakshi Bindhani

Sudhir Kumar, Advocate (Advocate)     21 December 2021

you are not getting clearance till FIR is queshed or proiceedings result in your total acquittal on merit (no technical)

Aryan Raj   21 December 2021

In response to your query, 

As you are still under trail in a criminal case and still not completely acquitted therefore you will need special permission from court for traveling and then the you can acquire Police Clearance Certificate.

If your criminal trial is still ongoing, you can make an application with the court for permission to travel abroad and a police clearance certificate. If the court approves your application, you can take it to the police station to get your clearing certificate.

Or you can file the petition for quashing the FIR and all connected proceedings against you filed in the High Court. If the High Court finds that you have been wrongfully accused and that the FIR is fraudulent then the FIR can be invalidated.

Regards,

Aryan Raj 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query