Mahesh Murthy v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION No. 1444 OF 2019 Mahesh Murthy

...Petitioner

Versus

State of Maharashtra

...Respondent

----- Mr.Ajay Basutkar for the Petitioner.

Mr.Vinod Chate, APP for the Respondent -State. ----- CORAM : MRS. MRIDULA BHATKAR, J.

DATE : 19 MARCH 2019 P.C.:

1.

Rule. Rule made returnable forthwith. By consent of the parties, the Petition is heard finally and disposed of at the stage of admission. 2.

This Petition is directed against the order dated 12.03.2019 passed by the learned Metropolitan Magistrate, 12th Court, Bandra, Mumbai in C.C. No. 1172/PW/ 2018 thereby rejecting the application of the petitioner seeking permission to travel abroad i.e.,Netherlands for the period from 11/03/2019 to 03/09/2019.

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3.

The petitioner is facing prosecution under sections 354 (D) read with 506 of the Indian Penal Code.

4.

The learned counsel for the petitioner submits that by this Petition, the petitioner seeks permission to travel Netherlands for the period from 11.03.2019 to 03.09.2019 for attending the program of Space Business Incubation, which is a part of his business. He further submits that earlier during the pendency of the case, with permission of the Court, the petitioner has travelled for six times.

5.

The learned APP opposes this Petition.

6.

I do not find any reason to reject the permission to travel Netherlands. Hence, Petition is allowed with following order :

ORDER

(i) Rule is made absolute in terms of prayer clause (c); (ii) The petitioner is permitted to travel Netherlands from today i.e., 19.03.2019 till 03.09.2019;

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(iii) The petitioner shall furnish an itinerary and address of his residence and work place to the trial Court; (iv) The petitioner shall report the trial Court and the concerned police station on or before 11.09.2019 after his return and shall handover the passport to the trial Court.

(MRIDULA BHATKAR, J.) 3/3