ALLADIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This misc. application/petition has been filed under Section 482 Cr.PC. for seeking passport and permission to go for Haz to Makka Madina with the following prayer:

(2.) Brief facts of the case are that a civil suit for eviction has been filed by one Vijay Singh and Arjun Singh against the petitioner, which was decreed after the trial. The appeal was filed before the Addl. Distt. & Sessions Judge, Kishangarh, who also dismissed the same vide judgment dated 22.11.2001. The petitioner filed an appeal before this court and during the pendency of it, a Nazir of the court of Kishangarh went to the shop of petitioner for execution of decree, where petitioner had requested that there is an appeal pending in the High court with regard to the disputed shop, and further two months have not expired. Some altercation took place between the petitioner and decree holder and Nazir. Thereafter, a report was loded by Vinod Sharma and upon that, an FIR was registered. The police started investigation, and after completion of it, filed challan against the petitioner before the CJM, Kishangarh. The learned trial court framed the charges and read over the same to the petitioner, to which the petitioner denied and claimed to be tried. During the course of trial, prosecution examined as many as 09 witnesses and produced certain documents. After hearing all the parties, the learned trial court convicted and sentenced the petitioner vide order dated 8.8.2008 as under:

(3.) Aggrieved against that order dated 8.8.2008, the petitioner preferred an appeal before the learned Addl. Distt. & Sessions Judge (FT) No.3, Ajmer who vide judgment dated 7.9.2009 upheld the judgment of trial court and dismissed the appeal.