Sandeep Subhas Kalra v. State Of Maharashtra
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1312 OF 2022 Sandeep Subhas Kalra .Applicant Vs.
The State of Maharashtra .Respondent Mr. Ranjeet H. Patil a/w Mr. Ramsing K. Rajput i/b. Agrud Partners, Advocate, for the Applicant Mr. Pradeep Gharat, Spl. PP, for the Respondent - EOW Mr. S. S. Hulke, AGP, for the Respondent - State
CORAM
:
S. G. CHAPALGAONKAR, J.
( Vacation Court ) DATE :
27 DECEMBER 2022 P. C.
.
The present Application is fled under Section 482 of the Code of Criminal Procedure. The Applicant is seeking modifcation of the Order dated 15.10.2022 passed by the learned designated Court in M. A. No. 1415 of 2022. It appears that the learned designated Court under the MPID Act, City Civil & Sessions Court, Greater Mumbai has passed the Order dated 15.10.2022 granting permission to the Applicant to travel as follows :- "(a) From India to Dubai for the period from 17.10.2022 to 01.01.2023 during the stay at Dubai UAE :- (a) From Dubai to Qatar for the period from 02.12.2022 to
04.12.2022.
(b) From Dubai to Qatar for the period from 13.12.2022 to 14.12.2022.
(c) From Dubai to Turkey for the period from 20.12.2022 to 01.01.2023."
2.
It appears that the Applicant had not pressed his prayer for permission to travel from Dubai to United Kingdom for the period from 20.03.2023 to 10.04.2023 during the pendency of M. A. No. 1415 of 2022.
3.
It appears that the Applicant has placed on record the documents to indicate that his son requires medical supervision in United Kingdom. The appointments for medical treatment in respect of Master Ryaan Kalra are fied on 29.12.2022, 09.01.2023, 27.03.2023, 03.07.2023 and 30.10.2023. The Applicant is seeking permission to travel from Dubai to United Kingdom on the given dates.
4.
It appears that by way of present Application, particularly amended prayers, the Applicant is claiming relief beyond his claim put forth before the learned designated Court under the MPID Act in M. A. No. 1415 of 2022. The Applicant has placed on record before this Court, fresh material which was not
the part of the record in M. A. No. 1415 of 2022 before the learned Sessions Court.
5.
In that view of the matter, the present Application can be disposed of with liberty to the Applicant to approach the learned designated Court under the MPID Act / learned Sessions Court, Mumbai by fling a fresh Application making out his prayers seeking permission to travel from Dubai to United Kingdom on the given dates for proposed medical treatment of the Applicant's son. In case such Application is fled on or before 29.12.2022, learned designated Court under the MPID Act and Sessions Court, Greater Mumbai is requested to consider and decide the Application on or before 30.12.022 on its own merits. The Applicant is at liberty to place on record the documents regarding proposed medical treatment and schedule of appointments in United Kingdom.
6.
The Application stands disposed of accordingly. All concerned to act on the authenticated copy of this order.
( S. G. CHAPALGAONKAR, J. )