1 Criminal
Revision Appln.No.08/2022
Kishor Tulashiram Sabhereao V/s.
The State
Judgment, Exh. No. 13
MHRG170003762022
Received on : 24.02.2022.
Registered on : 24.02.2022.
Decided on : 17.10.2022.
Duration : 00 07 23
Y M D
I N T H E S E S S I O N S C O U R T,
P A N V E L
(Presided over by K. G. Paldewar, Additional Sessions Judge,
Panvel)
CRIMINAL REVISION NO. 08/2022. EXHIBIT NO.13.
Kishor Tulashiram Sambherao,
R/o. Flat No.402, Plot No.109,
Aniruddha Vihar, Sector21,
Ulwe Node, Navi Mumbai,
N.R.I. 400 614,
At present R/o.21A, Peak Street,
Glenwood, NSW, 2768, Australia. .. PETITIONER.
V E R S U S
The State of Maharashtra
Through
Police Station, N.R.I. Sagari. .. RESPONDENT.
2 Criminal Revision Appln.No.08/2022
Kishor Tulashiram Sabhereao V/s.
The State
Judgment, Exh. No. 13
CLAIM : REVISION UNDER SECTION 397 OF THE CODE
OF CRIMINAL PROCEDURE.
APPEARANCES:
========================
Shri. Sudha Dwidvedi, Advocate for Petitioner.
Shri. C.Y.Patil, Additional Public Prosecutor for Respondent.
========================
J U D G M E N T
(Delivered on 17th day of October, 2022)
This application is on behalf of revision petitioner
vide Section 397 of the Code of Criminal Procedure to set aside
order passed by learned Judicial Magistrate First Class, Panvel
in Regular Criminal Case No.302/2018 vide Exh.57 Dated
20.12.2021.
2. The prosecution filed reply.
3. Points for the determination and my findings
thereon for the reasons stated below;
SR. NO. POINTS FINDINGS
I Whether the revision is
maintainable in view of Section
Yes.
397(2) of the Code of Criminal
Procedure ?
3 Criminal Revision Appln.No.08/2022
Kishor Tulashiram Sabhereao V/s.
The State
Judgment, Exh. No. 13
II. Whether the order passed by
learned Magistrate warrants
Yes.
interference by this court?
III. What Order ? The revision
petition is
Allowed.
R E A S O N S
4. Heard learned advocate Shri.Aditya Sharma for
revision petitioner h/f advocate Smt.Sudha Dwivedi, as well as
learned A.P.P. Shri.C.Y.Patil for the State.
AS TO POINT NO.I :
BRIEF FACTS OF REVISION :
5. The present revision petitioner is the accused No.1 in
a prosecution initiated by his wife for the offence under Section
498A, 406, 323, 500, 506 read with Section 34 of the Indian
Penal Code vide Regular Criminal Case No.302/2018. The said
case is pending before learned magistrate for examination of
witnesses. Presently the stage of the said prosecution is for cross
4 Criminal Revision Appln.No.08/2022
Kishor Tulashiram Sabhereao V/s.
The State
Judgment, Exh. No. 13
examination on behalf of accused to the informant.
6. The present revision petitioner has job in abroad as
such, he is staying in Australia. The applicant has sought leave
of the learned magistrate to travel abroad and to stay over there.
Learned magistrate from time to time has granted the leave and
his extension to stay abroad. The application vide Exh.57 on his
behalf for his continuation of extension to stay over there for a
period of one more year. The said application is presented
before learned magistrate on 08.12.2021. Learned magistrate
passed the order Dated 20.12.2021 and thereby granted
extension of 3 months only to stay over there.
7. Now this order of learned magistrate is questioned
before this court in revision. At the outset, the question is raised
in respect of maintainability of the revision. On that count,
learned advocate for revision petitioner relied on the
observation of Hon'ble Delhi High Court in the case of
Enforcement Directorate V/s Nemichand Jain Decided on
31.01.2008 wherein it is held, "it is once again not disputed that
the bail order would be revisable as it is in the nature of a final
order. The restriction to travel abroad has been placed as a
condition of the bail order. Thus once the respondent is permitted
to travel abroad subject to certain terms and conditions, it is the
5 Criminal Revision Appln.No.08/2022
Kishor Tulashiram Sabhereao V/s.
The State
Judgment, Exh. No. 13
relaxation of the said order, hence revision would be
maintainable."
8. Further relied on the observation of Hon'ble Apex
Court in the case of Rajendrakumar Sitaram Pandey V/s.
Uttam Dated 11.02.1999 .
9. Herein this case, learned magistrate decided the
application vide Exh.57 for extension of stay of revision
petitioner in abroad. The rights of the parties by virtue of the
said order comes to an end as such, the said order attended
finality. Once the prayer by virtue of said application comes to
an end and the rights of the parties are decided and the said
application is disposed of thus, the said order attended finality
as such, it is not interlocutory order. The revision against the
said order is maintainable. I answer Point No.I in the
affirmative.
WHETHER ORDER PASSED BY MAGISTRATE WARRANTS
INTERFERENCE OF THIS COURT :
10. Needless to mention, the revision petitioner is the
husband of the informant. The prosecution under Section 498A
of the Indian Penal Code is pending for crossexamination to
6 Criminal Revision Appln.No.08/2022
Kishor Tulashiram Sabhereao V/s.
The State
Judgment, Exh. No. 13
informant. The inlaws of the informant are appearing before
the learned magistrate for trial. Learned advocate for husband
is appearing for crossexamination on behalf of this revision
petitioner. The progress of the trial is not hampered.
11. The husband is in abroad for job. He is not able to
attend the court hearing here as such, his advocate is appearing.
Learned magistrate granted extention of his stay at Australia for
a period of 3 months. This period needs to be extended in terms
of prayer before learned magistrate. Since there is no incident
that the trial is hampered because of his presence as such,
learned magistrate ought to have allowed the prayer for his
extension to the extent of one year. As such, this revision is
filed. Now, the said period of extension in terms of prayer is
nearing to over in the month of December 2022. The said
extension till 20th December 2022 needs to be granted.
12. Further the hearing of the trial before learned Trial
court will take a considerable time. The said hearing will not
get over till December 2022 as such, again the husband has to
apply for further extension to which learned magistrate ought to
consider looking to the grounds specifically whether progress of
the trial is going to hamper? The grounds are justified to
warrant interference by this court to the order passed by learned
7 Criminal Revision Appln.No.08/2022
Kishor Tulashiram Sabhereao V/s.
The State
Judgment, Exh. No. 13
magistrate Dated 20.12.2021 and the extension to be granted
for a period of 1 year from the date of order of learned
magistrate. I answer Point No.II in the affirmative.With this, I
pass following order ;
O R D E R
1. The revision petition under Section 397 of the Code
of Criminal Procedure is allowed.
2. The Order passed by learned J.M.F.C. Panvel Dated
20.12.2021 is set aside and modified for grant of
extension of the period of stay and for continuation of
job at Sydney Australia for a period of one year from
the date of order of magistrate till 20.12.2022.
3. Inform to learned magistrate accordingly.
4. The revision petitioner after this above period is at
liberty to move fresh application for extension and
continuation before learned magistrate.
Dictated and pronounced in Open Court.
Digitally signed by
KRISHNA
KRISHNA GANGADHARRAO
GANGADHARRAO PALDEWAR
PALDEWAR
Date: 2022.10.17
16:01:19 +0530
( K.G. Paldewar )
Date : 17.10.2022. Additional Sessions Judge,
Place : Panvel. Panvel.
8 Criminal Revision Appln.No.08/2022
Kishor Tulashiram Sabhereao V/s.
The State
Judgment, Exh. No. 13
Arguments heard on 21st day of September, 2022
Judgment delivered on 17th day of October, 2022.
Dictated on 17th day of October, 2022.
Transcribed on 17th day of October, 2022.
Checked and signed on 17th day of October, 2022.
C E R T I F I C A T E
I affirm that the contents of this PDF file
Judgment/Order is same and as per the original
Judgment/Order.
Name of the Stenographer : P.S.Mhatre
Name of the Court : Additional Sessions Court,
Panvel
Date of Judgment/Order : 17.10.2022
Judgment/Order signed on : 17.10.2022
Presiding Officer : K.G. Paldewar
Judgment/Order uploaded on : 17.10.2022
