Order 3

Order Details: Order Below EX 1
Pdf Text: C. C. No. 1349 PW 2022 State Vs Tressan
CNR No.MHMM18-007125-2022
COMMON ORDER BELOW APPLICATIONS, EXHS.23 AND 24
1. Perused record. Heard Ld. Advocate for the applicant/accused.
Heard Ld. A.P.P. and Ld. Advocate Smt. Leela Ranga, for the informant
holding for advocate Mr. Kaushik.
2. Brief contents of both these applications, are as -
The applicant is the husband of first informant. On account of First
Information Report lodged against applicant/accused the present final
report is filed against him and his parents. Charge is already framed and
matter is fixed for evidence. It is contended that applicant is serving with
a foreign shipping company and holding a responsible post. For the said
purpose he has to leave India from time to time. Therefore, he is in need
of updated passport and permission to travel abroad.
Initially also same applications were filed and permission was
granted.
3. Notice was issued to informant. Informant vide her say, Exh.30,
strongly objected to it stating that applicant/accused is having no respect
for law. Applicant filed this application without prior intimation with
intention to harass the informant. He can seek job in India, but instead of
doing so he is roaming abroad.
4. The submissions of both the parties are in tune with respective
contentions. In addition to objections raised Ld. Advocate for the
informant brought to notice that there is also proceeding pending before
this court against applicant/accused, filed by first informant under
provisions of Protection of Women from Domestic Violence Act, 2005. The next
hearing date is in June 2023 and if applicant is allowed to travel he will
evade the appearance and first informant may suffer irreparable loss.
5. From the record it is clear that accused/applicant is serving abroad
and for joining his duties from time to time he has to leave India. On
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C. C. No. 1349 PW 2022 State Vs Tressan
CNR No.MHMM18-007125-2022
previous occasion also same contingency occurred and permission was
granted. Thus, applications needs to be allowed.
6. At the same time, the fact that in addition to present matter the
proceedings under provisions of Protection of Women from Domestic Violence
Act, 2005, is also pending against the applicant/accused, can not be
ignored. Both these matters are at crucial stage and presence of the
accused/applicant personally or through his advocate is necessary.
7. In this regard Ld. Advocate for the accused/applicant submitted that
she will file the Assets and Liabilities affidavit in the domestic violence
proceeding before leaving India by the applicant. So also, the
applicant/accused will remain present and prosecute the said proceeding
through his advocate. She also submitted that she will not dispute identity
of the applicant/accused and will not seek any adjournment on the ground
of absence of the applicant/accused.
8. These submissions deserve due consideration. The submission from
the side of first informant that applicant can change his job to India, can
not be accepted. However, considering peculiar nature of the employment
of applicant/accused and the possibility that same applications may be
repeatedly filed in future also some conditions can be imposed to balance
the interest of both the parties and save the future time of the court.
Accordingly, following order -
ORDER
a. Both the applications are allowed.
b. The passport issued to applicant/accused Mr. Tressan Ajay Coelho,
is directed to be renewed for a period permitted under relevant law by
applying before concerned authorities and completing necessary
formalities and he is also permitted to travel abroad from time to time
subject to conditions that, -
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C. C. No. 1349 PW 2022 State Vs Tressan
CNR No.MHMM18-007125-2022
i. Applicant/accused shall inform in advance to this court about his
proposed journey and shall also furnish his detailed itinerary.
ii. Applicant/accused shall not take any adjournment either in the present
matter or proceedings filed under provisions of Protection of Women from
Domestic Violence Act, 2005, filed against him by the first informant on the
ground of his absence and shall also file his affidavit of Assets and Liabilities
before leaving India.
iii. Applicant/accused shall not dispute his identity during trial in any of
these proceedings.
iv. Applicant/accused shall deposit Rs.3,00,000/- (Rs. Three Lacs) in this
court towards security of the future liabilities, if any, saddled in any of the
above proceedings.
c. It is clarified that there is no need on the part of applicant/accused
to obtain permission repeatedly, if above conditions are complied with.
d. It is also clarified that breach of any of the conditions may ensue
the consequences including forfeiture of the above amount.
MUMBAI (KOMALSING RAJPUT)
DATE – 26.05.2023 M.M., 12TH COURT, BANDRA, MUMBAI
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