Are police harassing to get illegal gratification

773 votes

In case of property disputes, it is common that false criminal complaints are filed to pressurize the other side. Since your brother has lodged a private complaint, police will mention it as a pending case while issuing Police Clearance Certificate (PCC), as they are bound to report any matter before court. PCC is not granted until cases are cleared, even if false. Your remedy is to apply for quashing/discharge of the false case before the High Court or trial court, and also to seek anticipatory/regular bail if needed. You may also approach the Passport Authority and submit court orders showing that the case is false or pending without trial. If there is harassment by police, you can complain to higher police officials or approach the court for directions. The key is to get the false case closed or stayed by court, after which PCC will be clear.

Advocate Adarsh Kumar LawRato

553 votes

Even though the case is false, as long as it legally exists on record, the police must mention it in their PCC report. It is not harassment or mischief, but a legal requirement. To clear the PCC, the case must be quashed or disposed of first.

LawRato LawRato

879 votes

Passport Officer is the final authority, not police. You can file a representation with documents showing that the complaint is frivolous and no court process has been issued. A false private complaint cannot legally block your PCC/passport unless a Magistrate has taken cognizance and issued summons. If police are withholding on this ground, you can escalate to the Passport Officer, DCP, or file a High Court petition.

Advocate Paras Mahalwal LawRato

723 votes

Get certified copies of the pending complaint case. Apply to the trial court for NOC/permission for PCC. If the complaint is bogus, simultaneously move for quashing/discharge. If police harassment continues, file a representation to the DCP/SP in writing (keep acknowledgment).

Advocate Ashwin Garg LawRato

782 votes

False complaints and property disputes often result in police mentioning pending court cases in their police clearance certificate (PCC) reports, which can delay or prevent passport clearance. Police are required to report any ongoing criminal proceedings—even if based on a private complaint—when asked for PCC, as per their procedural guidelines and the Passport Act. However, this does not mean a pending case automatically blocks your passport or PCC: the courts have held that routine pendency does not justify refusal in absence of specific adverse orders, and the Passport Authority must independently assess the necessity of refusal. If you believe the complaint against you is false and is being used to harass or extract illegal gratification, your legal options include applying to the High Court for quashing of the complaint, seeking discharge before the trial court, or presenting evidence that the complaint is frivolous and no summons/cognizance has been issued. You can also escalate to senior police officials or file a representation before the Passport Officer to clarify that police are incorrectly holding up your application based on an unsubstantiated complaint. Judges have directed police and passport authorities not to arbitrarily deny passports or PCC for mere pendency and to follow due process while respecting the applicant’s rights. If you are facing police harassment, document the misconduct and approach the State Human Rights Commission or the relevant High Court for redress. Ultimately, clearing your name by having the false case quashed, or at least securing a judicial order, will resolve the PCC/passport issue and reduce scope for abuse.

Advocate Yuganshu Sharma LawRato