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
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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.)
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