If the case is dismissed against your friend then technically your friend is not involved in any case nor any case is pending against him so there should not be any issue in getting PCC. The stand punjab police is incorrect. Apply for PCC with certified copy if order and if pcc is not issued then file WRIT in high court and also file contempt in court who ordered dismissal of case against your friend.
Denial of PCC on the basis that other party put an application in the ongoing trial of CrPC 319
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,? "we did write on HC of Punjab and Haryana, but they gave Punjab police another 3 months for advance discussion" and for Cr.PC date was last week, court got adjourned again for September. i dont see any guidence of getting the PCC, is there any other way to get the PCC legally?
Asked 1 year ago in Criminal Law
Religion: Sikh
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7 Answers
It’s applied with online in passport’s Seva website. Manually with police department. If rejected you can apply in writ petition
The writ petition before high court against the police for not obliging with furnishing PCC would be the next option.
How come your friend alone has been dismissed from the case while there are only two accused in the single FIR.
You first clarify the details and revert for more opinions/suggestions
File writ petition in HC to direct police to issue you PCC as there is no pending g case against you
Dear Client,
If the case is dismissed against your friend, then he should be able to get a Police Clearance Certificate (PCC). The police cannot deny him a PCC simply because the case was dismissed. If the police refuse to issue a PCC, your friend can file a writ petition in the High Court. He can also file a contempt of court petition against the judge who dismissed the case.
Cannot deny.
File writ in High court.
- Since, he has already discharged from the offence by the court order , then the police cannot deny to issue a PCC on the said ground that this matter is pending before the court against another accused.
- Further , as the said matter is pending before the court , then your friend can move an application for issuing direction to issue the PCC
- If the date of hearing is September , then this date can be preponed after moving an applications for early hearing with the said application of PCC.
