Obtaining a police clearance certificate (PCC) in India despite having a criminal record, especially if you were falsely accused and the case is under petition with a stay, can be challenging. Here are some steps you can take:
- Gather Documentation: Collect all relevant documents, including the court order granting the stay, details of the case, and any evidence that supports your claim of being falsely accused.
- Legal Advice: Consult with a legal expert who can guide you on the best approach to take based on your specific situation and the jurisdiction.
- Approach the Police Station: Visit the police station where you need to apply for the PCC and explain your situation. Provide them with copies of the court order and other relevant documents.
- Submit an Application: Fill out the application form for the PCC, ensuring you mention the details of the case and the stay order clearly.
- Include an Affidavit: Prepare an affidavit stating that you were falsely accused, the case is under stay, and you are currently not convicted of any crime. Get it notarized and attach it with your application.
- Meet the Senior Police Officers: If needed, request a meeting with senior police officers or the Superintendent of Police (SP) to explain your case personally and seek their intervention.
- Follow Up: Regularly follow up with the police department to check the status of your application and address any concerns they might have.
- Seek Judicial Intervention: If the police are not cooperating or if your application is denied, consider seeking a court order directing the police to issue the PCC based on the stay order and the fact that you have not been convicted.