File writ petition in HC against police refusal to grant you PCC
case against you have been dismissed so you should get PCC
Obtaining a PCC after being declared innocense courd order
2 people were involved in the case,, and my friend got court dismissed orders, but the other person is still on trial. thereafter my friend applied for PCC at police station, Punjab, India, but was denied saying that, the another person is still on trail, so we can not grant the PCC.... how is that even fair? can police denied the PCC despite having certified copy of court dismissed order,? i would appreciate any response. Thanks
Asked 2 years ago in Criminal Law
Religion: Sikh
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11 Answers
No police can't deny court order. Ask same court to provide instructions for particular police station to issue PCC.
No, police cannot deny the PCC if the person is acquitted by the court no matter the trial is going on or not. If police is denying, you can get the same through court orders.
Hello
IF your friend has been discharged from the matter , POLICE is unfair in not giving PCC, only QUICK solution available to go to HIgh Court for desired releif.
Best of Luck
When both are accused in the case, only one person's case cannot be dismissed while the case is still under prosecution in respect of the co-accused.
If the case is not disposed yet the police is right in denying the PCC till the case is disposed.
You may ask your friend to wait until then
File an application under Section 17 (2) seeking splitting up case and trial of case against other accused separately. With the order passed in such application, approach police, if the police still do not oblige file a petition in High Court seeking direction to police
Hello,
You can file a writ before the HC for such illegal non issuance of the PCC.
Regards
As the case has been dismissed against your friend vide court order, police is acting ultra-vires by not granting PCC.
Your friend can approach High Court with a writ petition seeking orders for granting of PCC.
- Since, the court has already discharge your friend from the case , then the police cannot deny for accepting the same
- He can approach the higher police official against that police official , and if no positive approach then, your friend can move an application before the same court against the said police official .
You can get the pcc easily after you submit the same and clear the record
Dear client, police cannot deny the PCC if the person is acquitted by the court no matter the trial is going on or not. If police is denying, you can get the same through court orders.
