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Bombay High Court

BHARAT SHANTILAL SHAHversusSTATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The Court held that, given the critical health condition of the petitioner’s brother, the petitioner is entitled to permission to travel abroad without first approaching the Metropolitan Magistrate.

Summary

Petitioner Bharat Shantilal Shah filed a writ petition seeking permission to travel to Dubai from 14 August to 30 September 2026 to visit his critically ill brother. The Respondent argued that the petitioner should have first approached the Metropolitan Magistrate’s Court and that the writ petition was premature. The petitioner’s counsel contended that an application had been filed before the Magistrate but the records were not traceable, and emphasized the urgent medical need. The Court, after hearing both sides, considered the humanitarian circumstances and allowed the petition, granting permission to travel. The order directed that the petition be disposed of as allowed.

Issues considered

  • Whether the petitioner must first approach the Metropolitan Magistrate’s Court before filing a writ petition for travel permission
  • Whether the petitioner is entitled to permission to travel abroad on humanitarian grounds despite procedural objections

Subjects

  • travel abroad
  • medical emergency
  • writ petition
  • jurisdiction
  • permission to travel
  • criminal appellate jurisdiction

Judgment

                                                                                      502-wp-4240-2026.doc

                      Shubhada S Kadam


                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CRIMINAL APPELLATE JURISDICTION

                                                 WRIT PETITION NO. 4240 OF 2026

                           Bharat Shantilal Shah                           … Petitioner
                           VERSUS
                           The State of Maharashtra                        … Respondent
                           _________________________________________________________________

                           Ms. Nikita Sharma i/b. Mr Advait Tamhankar, Advocate for the Petitioner.
                           Mr. Balraj B. Kulkarni, APP for Respondent-State.
                           _________________________________________________________________

                                                                  CORAM       :   SHIVKUMAR DIGE, J.
                                                                  DATE        :   25th AUGUST, 2026.
                           P.C. :

                           1.            By this application, the petitioner seeks permission to travel to

                           Dubai, United Arab Emirates, from 14th August 2026 to 30th September

                           2026, as the health condition of the petitioner’s brother is critical and the

                           petitioner wishes to meet him.

                           2.            It is contention of learned APP that the petitioner ought to have

                           approached the Metropolitan Magistrate’s Court. However, instead of filing

                           the application before the learned Metropolitan Magistrate, the petitioner

                           has directly approached this Court. Hence, the petitioner may be directed

                           to approach the learned Metropolitan Magistrate’s Court.
SHUBHADA
SHANKAR                    3.            Learned counsel for the petitioner submitted that an application
KADAM
Digitally signed by
                           was filed before the Magistrate Court, however, the papers relating to the
SHUBHADA
SHANKAR KADAM
Date: 2026.08.25           said application were not traceable. She further submitted that the health
17:45:30 +0530




                                                              Page 1 of 2
                                                                502-wp-4240-2026.doc

Shubhada S Kadam


     condition of the petitioner’s brother is critical, and hence, this application

     be allowed. She further submitted that, henceforth, the petitioner will file

     application before the Metropolitan Magistrate Court.

     4.            I   have   heard     both    learned    counsel,   perused    the

     documents produced on record. As the health condition of the petitioner’s

     brother is critical and the petitioner wishes to meet his brother, I pass

     following order :

                                         ORDER

          1.       The petition is allowed.

           2.      The petitioner is permitted to travel to Dubai, United

                   Arab Emirates, during the period from 14 th August 2026 to

                   30th September, 2026.

                   The petition is accordingly disposed of.

     5.            All concerned to act upon authenticated copy of this order.




                                                       (SHIVKUMAR DIGE, J.)




                                         Page 2 of 2


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