Hiii there, I want to apply my permanent residency in canada and I need PCC certificate for that. The problem is my wife has filed false 498a case against me in the court. Nothing has been proved in the court yet, its a false case, she just wanted my money. Please suggest if i'm eligible to get PCC certificate or not. If so then will it affect my permanent residency application here? Thanks
Hello,
You won’t get a PCC as there is pending 498A case against you
it would affect your permanent residency application
Since a criminal case is pending against you, the police may furnish adverse report which will affect the police clearance certificate for the purpose of visa.
a pending criminal case will definitely affect your Police Clearance Certificate (PCC), as it indicates a potential criminal record, and most countries will mention the pending case on your PCC even if you haven't been convicted yet; this can impact your ability to travel or obtain visas depending on the destination country's policies.
When applying for a PCC, you are required to disclose any pending criminal cases, and the authorities will include this information on the certificate.
If there any possible solution I can get PCC faster? I'm still fighting against this false case in the court and its taking time
File petition in HC for quashing of FIR
if allegations are vague and devoid of material particulars HC would quash FIR
During the pendency of the said case, police will not provide you with PCC. It is only possible when you get discharged or aquitted from the case or the FIR is quashed.
So in my opinion the fastest way to get away with your case is to settle the dispute with your spouse get the FIR filed against you quashed.
You have to wait for the criminal case against you to be disposed in your favour.
During the pendency of 498A case you will not get the PCC.
However the court can grant permission for renewal of your passport if the same is expired in the meantime.
- During the pendency of the said case , the police will not issue PCC certificate , and hence if the PCC is not positive then you cannot proceed for Permanent Residency application approval.
- If you have valid ground against her allegation , then you can approach the High Court for the quash of the FIR.
Dear Client,
It is not impossible for a woman to get a PCC in India if one is involved in a 498A case and visa is pending. If the case is still pending, this must be stated in the PCC application, and this can lead to a non-clear PCC. But if a court order to quash the case is attained than very clean PCC can be acquired. As per Indian law, an application for passport cannot be rejected only on the grounds of a pending case Those have made certain legal decisions which states that the PCC should be issued, if there is no wrong record against the applicant as initiated in the two cases like B. V. V. Suryanarayana v Union of Andhra Pradesh and Shahul Hameed v Regional Passport Officer. In order to fasten the PCC process, get a certified copy of the quashing order and confirm that all relevant papers are well organized. In this case, it is recommended to consult a lawyer, so as not to get lost in legal matters and smooth the procedure for solving of the case. It is therefore necessary to be clear and provide all the documents needed for a successful application to be made.
Hope you find this answer satisfactory.
If I apply for the PCC, will I get the pcc report with my case mentioned on the report or I will not get the report at all?
Police may refuse to give you PCC on account of pending criminal case
The police will send the adverse report mentioning the pending criminal case in it
- You may get negative report from the police official
Dear Client,
In India police clearance certificate is obtained after verifying the record by the police officer for any criminal activity. Since you have a pending case under section 498A,the police charges will most probably be mentioned in the PCC. As there is no such evidence in the case, the police may still mention any other criminal charges made in relation to a citizen. This can be an issue for your Canadian permanent residency application since Canada does conduct Criminality Checks during immigration. Technically, there is no legal method of accelerating the PCC if the specific case is still pending but you can consult with a legal attorney to look for a legal solution to resolve the case in a short period of time.
Thank you.Hope you find the answer satisfactory