VED PAL,J. - (1.) THIS petition under Section 482 Cr.P.C. has been filed by the petitioner for setting aside the impugned order dated 30.6.2010 passed by the Additional Sessions/F.T.C.Court No.6, Lucknow in Criminal Misc. Case No.6/2010 relating to Sessions Trial No.325 of 2008 : State Vs. Muneer Ahmad whereby the application of the petitioner for issuance of permission in the form of "no objection certificate" to leave the country for Haj, was rejected.
(2.) IT is submitted by the learned counsel for the petitioner that the learned court below passed the impugned order in flagrant violation of the provisions of the Article 21 of the Constitution of India as a right of the petitioner to travel abroad for Haj is preserved within the meaning of Article 21 of the Constitution and there was no compelling or compulsive reason for not according permission to petitioner to go abroad along with his wife and, thus, the impugned order, passed by the court below, is liable to be set aside and the said permission sought by the petitioner should be granted to the petitioner in the case pending against him to go abroad for Haj after completing due formalities of passport etc. Learned A.G.A. On behalf of the opposite parties contended that there is no illegality or irregularity in the impugned order and the petitioner has not yet obtained the passport and Visa and he may apply before the court below for permission thereafter as is evident from the order passed by the learned court below and thus the application of the petitioner before the court below was premature and the learned court below committed no mistake in rejecting the same as premature. I have carefully considered the respective submissions made by the parties and perused the impugned order alongwith the ruling cited by the learned counsel for the petitioner.
(3.) IT reveals from the perusal of the record that a Criminal Case being S.T.No.325 of 2008 : State Vs. Muneer Ahmad and others for the offences punishable under Sections 323, 504, 506 I.P.C. and 3(1) (x) of the SC and ST Act relating to police station, Saadatganj, District Lucknow is pending against the petitioner before the court below, which is at the stage of trial and the evidence is being recorded therein. The accused (herein petitioner) Muneer Ahmad moved an application before the court below that he along with his wife wants to go Saudi Arab for Haj for which passport and Visa etc. will be needed and in this connection police has to submit a report but the police is not prepared to submit its report until and unless permission is granted to the petitioner to go abroad for Haj by this court where the sole criminal proceedings against the petitioner is pending. This application was rejected by the learned court below by observing that the accused Muneer Ahmad (petitioner herein) has failed to produce passport and Visa and the question of according permission would arise if passport and Visa is produced before the court and before the production of the said document, the application is premature and accordingly the application was rejected.;