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Madhya Pradesh High Court · body

2010 DIGILAW 1015 (MP)

Gulrej v. State of M. P.

2010-10-06

P.K.JAISWAL

body2010
ORDER 1. This order shall also govern disposal of M.Cr.C. Nos. 5884/2010, 5885/2010, 5887/2010 & 5888/2010, filed by the present applicant, seeking same relief. 2. By this application under section 482 of CrPC, the applicant is praying for quashment of order dated 27.8.2010, passed by the Judicial Magistrate First Class, Indore, whereby the learned Magistrate rejected the application for grant of permission to go for "Haj Yatra" on the ground that since 1999 the applicant is connected with the SIMI organization and its activities and number of criminal cases are pending against him and there is apprehension that in case the permission to go for "Haj Yatra" is granted, he may abscond and join with the ban organization who are involved in the terrorist activities. 3. Learned counsel for the applicant drew my attention to the order passed by the Judicial Magistrate First Class on 15.10.07 in Case No. 4301/05 by which permission to go for "Haj Yatra" was granted to Smt. Aamnabai and Sheikh Mustfa, the mother and father of the applicant. It is also submitted that in Crime No. 322/99, registered at Police Station Chhoti Gwaltoli, Indore for offence punishable under section 341/34 IPC no challan has been filed against the present applicant and the said matter is pending before the CJM, Indore and its case number is 22053/99. Similarly; in respect of Silsila No. 1/ 05 by which proceedings for externment was initiated against him, was terminated by the Additional District Magistrate, Indore on 12.5.06 (Case No. 132/05). In respect of Criminal Case No. 1325/03 it is submitted that Judicial Magistrate First Class, Indore vide judgment dated 9.12.2009, acquitted the applicant from the offence punishable under section 153-A of IPC. 4. As per police report the following cases are pending against the present applicant: (I) Police Station Chhoti Gwaltoli, Crime No. 405/2000, under section 153-A of IPC, Challan No. 127/29.7.08, Criminal Case No. 3309/01; (II) Police Station Chhatripura, Crime No. 668/2000, under section 153-A of IPC, Challan No. 564/12.11.2000, Criminal Case No. 379/ 23.7.01. (III) Police Station Chhoti Gwaltoli, Crime No. 253/01, under section 10 of the Unlawful Activities (Prevention) Act, 1967, Challan No. 197/ 23.8.03, Criminal Case No. 1411/04. (IV) Police Station ChhotiGwaltoli, Crim.:. No. 51/05, under section 294, 506/34 of IPC, Challan No. 69/22.3.05, Criminal Case No. 427/ 05. (III) Police Station Chhoti Gwaltoli, Crime No. 253/01, under section 10 of the Unlawful Activities (Prevention) Act, 1967, Challan No. 197/ 23.8.03, Criminal Case No. 1411/04. (IV) Police Station ChhotiGwaltoli, Crim.:. No. 51/05, under section 294, 506/34 of IPC, Challan No. 69/22.3.05, Criminal Case No. 427/ 05. (V) Police Station Chhoti Gwaltoli, Crime No. 298/06, under section 3, 10 & 13 of the Unlawful Activities (Prevention) Act, 1967 Challan No. 95/22.5.07, Criminal Case No. 26096/07. 5. It is submitted that in all those cases which are pending against the applicant since 2000, the applicant is appearing on each and every date of hearing before the concerned trial Court and the maximum punishment provided is 3 years and looking to the fact that the above mentioned cases are pending since 2000 and there is no like-hood that the same may be decided expeditiously, the impugned order dated 27.8.2010 be set aside and this application for grant of permission to go for "Haj Yatra" be allowed, on furnishing sufficient security to the satisfaction of the concerned trial Court. 6. Learned Government Advocate opposed the prayer for grant of permission to go for "Haj Yatra" on the ground that the applicant is actively involved in the organization of SIMI and several criminal cases are pending against him and if he is permitted to go for "Haj Yatra" then he may go out of country and meet members of SIMI and other ban organization and may per-pare a plan with the terrorists or execute the same in India and looking to the past activities of "SIMI" organization the learned trial Court has not committed any legal error in rejecting the application. He also drew my attention to the police report dated 25.9.2010 and submitted that "SIMI" is an organization prohibited by the Government of India and as per police report this organization is involved in number of activities and in case he is permitted to go out of country or if passport is issued to him then there is very fair possibility that he may not be arrested in near future. 7. 7. On perusal of the criminal record of the applicant and number of criminal cases which are pending against the applicant, nature of allegations made against him and the reasons assigned by the applicant, it would be appropriate to grant the request to leave the country for "Haj Yatra" along with his wife for a limited period after getting all the statutory permission required under law. 8. For the above mentioned reasons the impugned order is set aside. The trial Court is directed to pass an appropriate order on furnishing adequate security within a period of three days from the date of filing of certified copy of this order. 9. With the aforesaid the Miscellaneous Criminal Case is dosposed of. A copy of this order be kept in all aforementioned connected petitions, disposed of by this common order.