After 90 days you have to obtain certified copies of judgement and apply for PCC.
I have been acquitted from a criminal case(IPC 306 Sec 4 of DP Act) from Addl Sessions court a couple of weeks back. I have a valid Passport but I need PCC to migrate to Australia. Will I be granted with PCC or will I have to wait for 90 days of appeal time?
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You can apply for the PCC the authority will not grant you before 90 days of appeal but your application will be in process
If there is no appeal filed and you have been acquitted you can get clear PCC now also. You don't have to wait for appeal period for PCC.
after expiry of appeal period of 90 days, however, in the meantime, you can apply with certified copies of the judgment.
You should be granted PCC as there is no pending criminal case against you
no no need to wait for period of 90days
1. Apply for PCC with a certified copy of the order of Sessions Court.
2. Police has to ideally wait for the expiry of the limitation to file an appeal against the order of Sessions Court, to issue PCC.
Dear Sir,
Police clearance certificate can't be denied citing involvement in criminal case, orders Kerala HC
The court further ordered the sub inspector to right away intimate the details of the crime in which the petitioner is involved to the SP. The SP should issue PCC within ten days showing all the details including the offence in which the petitioner is involved, the court order ..
Period of appeal in acquittal is no mean. As of now you are innocent till HC convict you in appeal. Hope it`s Honorable acquittal.
No issue in PCC.
Dear Sir,
- You will have to wait as police will put your application on hold till limitation period is over for next appeal.
- Advisable to submit after appeal time.
Regards
Vivek Arya
1. PCC would be given ONLY after the "appeal period" is over, since appeal would be decided by the PP and not the Police.
2. However, you must apply immediately, to avoid further delay. You can also move caveat before the authorities and the appellate court, to be preemptive in the matter.
You may have to wait for 30 days for the expiration of appeal period before the district court, because the police may refuse to PCC citing the pending appeal case.