MOHAMMED YUNUS KHAN Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this petition, the petitioner has prayed to quash and set aside the order dated 21.07.2010 passed by the learned Sessions Judge, Ajmer in Criminal Revision Petition No. 218/2010 and that of the learned Civil Judge (Junior Division) and Judicial Magistrate, First Class, Ajmer city (West) Ajmer in Criminal Case No. 11/2009 State v. Amar Singh and Ors. and to allow the application moved by the petitioner on 9.6.2010 before the trial court to permit him to go for Haj Pilgrimage on usual terms and conditions which may be deemed just and proper.

(2.) BRIEFLY stated, the facts for the disposal of the present petition are that the petitioner is facing trial before the learned trial court for the offence under Section 411 IPC. On 29.6.2010, an application was moved by him stating, inter -alia, therein that the petitioner has never absented during the course of trial and he being muslim by religion, wants to go on Haj pilgrimage, therefore, the court's permission for issuance of pass -port is required. The learned trial court rejected the application on the very same day observing therein that when bail was granted to the petitioner during the course of trial, no such condition was imposed which could dis -entitle him to undertake Haj journey. The petitioner having felt aggrieved preferred a revision petition being Revision Petition No. 218/2010 before the learned Sessions Judge who vide its order dated 21.7.2010 dismissed the revision petition and confirmed the order of the Magistrate. Hence, this petition has been filed.

(3.) THE petitioner submits that the petitioner's matter has been considered by the Haj Pilgrimage Selection Committee and the petitioner has been selected to go for Haj. The petitioner has invited my attention to Annexure -1 in this regard. It is further submitted that he thereafter applied to the District Pass -port Cell for issuing him the pass -port but the request of the petitioner was rejected for the reason that there is adverse police report of a criminal case pending against him. It is submitted that the petitioner is lucky to get selected by the Rajasthan Haj Committee to go for Haj and only on account of pending criminal case if he is not allowed to go to Haj, this will be injustice to him. He submits that this Court at principal seat at Jodhpur in the similar circumstances has granted permission in the case of Mohammad Arif v. State of Rajasthan S.B. Criminal Misc. Petition No. 1553/2009 decided on 11.11.2009.