• Police providing adverse report - application for PCC

I have been living at my current address since  1985. I have not had to take up a job out of state. Simply stated - I have not had to move out of my current residence.

I have been to the US for eight weeks in 2005

I had a job offer (which now has been withdrawn due to the delay in getting the police clearance)

I had accordingly applied for a PCC. However - on two occasion the police have provided adverse remark. Applicant not staying at this address not recommended for pcc

Please suggest if the court can intervene and give directions to the police to deal with the PCC application in a transparent manner.

I had provided the police the photo copies of documents such as bank pass book, passport.

Incidentally I have held a passport since 1996. I need a passport as I am looking for a job overseas.
Also I need police clearance.
Asked 1 year ago in Civil Law from Navi Mumbai, Maharashtra
1) at time when police must have come for verification purposes   you must have not been found residing in the said address . 

2) based on said adverse remark you have not been recommended for PCC

3)you should write to RPO quoting your file number and request for re verifcation . RPO can issue  PCC   only if clear police report is issued 

4) it is not necessary for you to move court in this regard
Ajay Sethi
Advocate, Mumbai
23119 Answers
1214 Consultations
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While issuing PCC, what was the adverse finding against you? 

Police Clearance Certificate (PCC) is issued to Indian Passport holders in case they have
applied for Residential Status, Employment or Long term visa or for immigration. PCC
cannot be issued for persons going abroad on Tourist Visa.

If your present address different from that in the existing passport then You need to provide Old passport in original with self-attested photocopy of its first two and last two pages including ECR/Non-ECR page and page of observation (if any) and Current Address proof.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
1. Were you not present in the house when the police came for verification?

2. It was imprudent on your part to give bank pass book and passport as documentary proof of your residence. You should have given voter ID card and driving license to prove your residency at the address. 

3. It is not clear why the police recorded an adverse finding when you were staying in the house.

4. When was the last adverse report submitted by the police? If you were to go to court then you should have gone when the adverse report was given. 

5. If you have already applied for another PCC then you may now go to court so that police performs its duty in accordance with the law.


Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1) fill in particulars sought by RPO

2) visit the local police station and find out when they will be coming for verification 


3) you don't need a lawyer as you don't have to go to court for PCC
Ajay Sethi
Advocate, Mumbai
23119 Answers
1214 Consultations
5.0 on 5.0
you should appear before the s.p. police and state along with all respective documents that police had committed breach of duty in verification. he has authority to take appropriate action and conduct afresh verification. don't involve in judicial proceeding it will take lang time to make any order. S.P. can do it swiftly. 
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
1. You can challenge the second adverse report in the court. 

2. Even if you were not present in the house the police could not have given an adverse report. 

3. There is no other legal recourse except to challenge the adverse report in the court.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
The Validity of PCC is only 3 months.You must visit the commissioners office/ police station soon after filing the documents and meet SHO. Any of the following document may provide
1	Water Bill
2	Telephone (landline or post paid mobile bill)
3	Electricity bill
4	Income Tax Assessment Order
5	Election Commission Photo ID card
6	Proof of Gas Connection
7	Certificate from Employer of reputed companies on letter head
8	Spouse's passport copy (First and last page including family details), (provided the applicant's present address matches the address mentioned in the spouses passport)
9	Applicant's current and valid ration card
10	Parent's passport copy, in case of minors(First and last page)
11	Aadhaar Card
12	Registered Rent Agreement (for a period of more than one year)
13	Photo Passbook of running Bank Account (Scheduled Public Sector Banks, Scheduled Private Sector Indian Banks and Regional Rural Banks only)
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
 
Following documents/papers are required to be presented for Police Clearance Certificate  
1.Current Passport 
2.Photocopies of first page, last page and valid Resident Permit/Visa page
3.Duly filled in Form EAP-II  along with four photos
4.Relevant document/paper supporting the requirements of the PCC
5.Fee: 
 
Note: PCC will be issued after receiving clearance from the Regional Passport Office in India
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
1. It appears that you had not greased the palm of the police to get the PCC sought by you,

2. Do you have your family staying at your said place? You must be having record of using electricity, land line calls, gas bills, receipt of registered/speed post/courier letters evidencing your stay at the said residence,

3. While applying for the PCC, you also meet the concerned police station to explain your regular stay at that place,

4.If police still does not co-operate, your can file an application for direction upon the police to submit the visit details and/or reinvestigate about your staying there.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
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1.If your objective is to get the PCC, then try to get it amicably,

2. Aply for and get voter ID card,

3. Send a letter to the post office asking them to handover any registered letter to your neighbour if you are found to be out of your flat,

4. Further apply for the PCC and meet the concerned person and handover all the documents you have found in RPO website.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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