Sukrutkumar Babasaheb Bhandare v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2980 OF 2025 Sukrutkumar Babasaheb Bhandare

...Petitioner

Versus

State of Maharashtra & Anr.

...Respondents

_______________________________________________________ Mr. Nitesh Bhutekar a/w Mr. Prathamesh Mandlik, for the Petitioner.

Mr. Sameer M. Mangaonkar APP for Respondent-State. _______________________________________________________ CORAM : ASHWIN D. BHOBE, J.

DATE : 27th MAY, 2025 P.C. :- 1.

Heard Mr. Nitesh Bhutekar, learned Advocate for the Petitioner.

2.

Challenge in the present Petition is to the order dated 14.05.2025 passed by learned Additional Sessions Judge, Pandharpur in Criminal Application No.288 of 2025, by which learned Additional Sessions Judge has dismissed the Application dated 23.04.2025 filed by the Petitioner seeking

permission to travel to USA.

3.

Learned Additional Sessions Judge has rejected the said Application by recording the following in Paragraph Nos.6 and 7, as under:

"06. It appears that, in present crime applicant/accused is cited as accused No.1. He is the husband of informant Rajlaxmi Bhandare. Allegations are under Sections 498-A, 406, 420, 323, 504, 506 r/w. 34 of The Indian Penal Code. Yet investigation has not been completed and chargesheet is not filed. Already relief of pre-arrest bail was granted to the present applicant/accused." "07. Further admittedly in Criminal Writ Petition No. 2510 of 2023 with Criminal Application No. 219 of 2023, Hon'ble Lordship of Bombay High Court referred the matter to mediation center with consent of parties. This order is passed on 15/04/2023. Hon'ble Lordship of of Bombay High Court kept the matter for report of mediator before next date of hearing and matter stand over till 19th June, 2024. In such circumstances if the applicant/ accused is permitted to leave India then process of investigation as well as the mediation as per directions issued by the Hon'ble Lordship of of Bombay High Court will be hampered. Application is without merit. Hence the order."

4.

Mr. Bhutekar, learned Advocate appearing for the Petitioner states that the investigation is complete and the charge-sheet is filed before the Competent Court as on 21.05.2025. He, therefore, submits that the investigation being

complete and the charge-sheet being filed subsequent to the impugned order, the Petitioner would be entitled for consideration of his request for permission to travel to USA. He expresses urgency on the ground that the Petitioner has scheduled his travel on 31.05.2025.

5.

In view of the urgency expressed by the learned Advocate for the Petitioner, list this Petition on 30.05.2025, at 11.00 a.m. subject to the Petitioner serving Respondent No.2, who is the contesting party in the present proceeding. 6.

Issue notice to the Respondents. Learned APP waives service of notice on behalf of Respondent No.1. 7.

Petitioner to take steps to serve Respondent No.2 by regular mode.

8.

In the facts and circumstances of the present case, Petitioner is permitted to serve Respondent No.2 by private notice indicating the filing of this Petition and the next date fixed in the matter. Humdast granted.

[ ASHWIN D. BHOBE, J. ]