IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Writ Petition No.13845 of 2010 Date of Decision : August 06, 2010. Tarsem Singh .....Petitioner versus State of Punjab and others .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Gourave Bhayia, Advocate, for the petitioner. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- Surya Kant, J. (Oral) Notice of motion. On the asking of the Court, Mr.H.S.Brar, learned Additional Advocate General, Punjab accepts notice on behalf of the respondents. In view of the nature of order which I propose to pass, there is no need to seek any counter reply from the respondents at this stage. The petitioner seeks a mandamus to direct the respondents to issue the Police Clearance Certificate which he requires for the Visa purposes to enable him to travel abroad. The petitioner's case is that an FIR No.28 dated 2.3.2010 was registered against him at Police Station Baghapurana, District Moga under Sections 307, 336, 447, 148, 149 read with Sections 25/27/54/59 of the Arms Act and in which after C.W.P.No .13845 of 2010 2 investigation, he was found innocent and his name was brought in column No.2 by the Investigating Agency. Thereafter, a charge-sheet was filed and in that too the petitioner was reported to be innocent. Notwithstanding the findings returned by the Investigating Agency, the petitioner alleges that the `Police Clearance Certificate' is not being issued as a result of which, the petitioner is being deprived to seek Visa to travel abroad. Having heard learned counsel for the petitioner, I am of the considered view that unless there is any incriminating material which may justify the with-holding of Police Clearance Certificate, the impugned action tantamounts to infringement of the petitioner's fundamental right. At the same time, without giving an opportunity to the respondents to file their reply-affidavit, it may not be appropriate for this Court to take a final view. The writ petition is accordingly disposed of with a direction to respondent Nos.2 & 3 to consider the above mentioned claim of the petitioner regarding issuance of the Police Clearance Certificate if there is no other case pending for investigation or enquiry against him. The needful shall be done as early as possible, preferably within a period of three weeks from the date of receiving a certified copy of this order. Ordered accordingly. Dasti. August 06, 2010 (SURYA KANT) Mohinder JUDGE