Mahesh Chandra Sharma, J.

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:-

"It is, therefore, prayed that this application be allowed and the applicant be allowed to go for Haz and passport authority be directed to issue the passport for the period commencing from March, 2016 to December, 2016."

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:-

U/s. 342 IPC : Sentenced for 01 year RI and fine of Rs. 1000/- and in default of payment of fine to further undergo 01 month’s imprisonment;

U/s. 332 IPC: Sentenced for 03 year RI and fine of Rs. 1000/- and in default of payment of fine to further undergo 01 month’s imprisonment;

U/s. 353 IPC: Sentenced for 02 year RI and fine of Rs. 1000/- and in default of payment of fine to further undergo 01 month's imprisonment;

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.

4. Against both the afore-mentioned orders of courts below dated 8.8.2008 and 7.9.2009, the petitioner preferred a revision petition and in that revision petition, the present misc. application/petition has been filed with the aforesaid prayer, quoted herein above.

5. Learned counsel for the petitioner has contended that the petitioner has every chances of success in this revision petition, and he has moved the application/petition under Section 482 Cr.RC. with the request that the applicant wants to go for Haz to Makka Madina for religious purpose and for that purposes, he requires passport, but the passport authority is not issuing the same on account of conviction. It is also submitted that the Haz Committee has issued its programme for the year 2016-17 and invited the applications from the persons who want to go for Haz. The petitioner along with his wife want to go for Haz for the period commencing from March, 2016 to Dec. 2016 as prescribed in the programme issued by Haz Committee and the applicant is ready to furnish the required undertaking before the passport authority. He prays that he be permitted to leave the country for the purpose from Sept. 2016 to Dec. 2016 depending on his turn during the time as scheduled in the programme to Haz. He wants to go for pilgrimage within his turn i.e. Sept. 2016 to Dec., 2016. Learned Public Prosecutor has been furnished with the copy of application and the parties were heard.

6. My attention was drawn to the notification of Ministry of External Affairs Notification No. GSR 570(E) dated 25.8.1993 and also Section 20 of the Passport Act, 1967. The