Bombay High Court
Radhika Adhukar Dudhat And Ors vs State Of Maharashtra And Anr on 7 July, 2025
Author: S.M. Modak
Bench: S.M. Modak
LSP 1 25 wp 6056.24-6062.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Criminal Writ Petition No.6056 of 2024
With
Criminal Writ Petition No.6062 of 2024
Radhika Madhukar Dudhat & others ... Petitioners.
V/s.
State of Maharashtra and others ... Respondents.
WITH
Criminal Writ Petition No.6058 of 2024
With
Criminal Writ Petition No.6060 of 2024
M/s. Parag Milk Foods Ltd. & others ... Petitioners.
V/s.
State of Maharashtra and others ... Respondents.
Mr. Niteen Pradhan, Sr. Advocate Advocates for the Petitioners in
a/w. Ms. Shubhada Khot WP No.6056/24 and 6062/24.
Mr. Niteen Pradhan, Sr. Advocate Advocates for the Petitioners in
a/w. Mr. Shahen Pradhan WP No.6058/24 and 6060/24.
Mr. A.K. Saxena For Respondent No.3
Mr. H.J. Dedhia APP for the State.
Digitally
signed by
LATA
CORAM : S.M. MODAK, J
LATA SUNIL
SUNIL PANJWANI
PANJWANI Date:
2025.07.09
DATE : 7th July 2025.
18:51:32
+0530
P.C. :
Writ Petition No.6056/24 and WP No.6062/24
Heard learned Senior Advocate Mr. Pradhan for the
Petitioners and learned Advocate Saxena for Respondent No.3-
Income Tax Department.
::: Uploaded on - 09/07/2025 ::: Downloaded on - 01/08/2025 23:20:35 :::
LSP 2 25 wp 6056.24-6062.doc
2. It is true that this Court has exempted all the Petitioners from
appearing before the trial Magistrate. Today, learned Senior Advocate
Pradhan made submission that Petitioner No.1-Radhika intends to
obtain visa. Accordingly, he prayed that the proceedings be stayed
against her. He submitted that he is ready to go on with the matter.
According to him, the Petitioner No.1 is independent Director and
as such cannot be prosecuted. The allegation in the complaint is
about failure to deposit tax deducted at source with the Government
ex-checker. According to him, the amount of tax deducted at source
is deposited with treasury though not in time but deposited along
with the interest. He invited my attention to letter of appointment
on Page No.30 as independent Director.
3. As the matter is argued for a limited issue, I am not going into
the merits of the matter.
4. Even learned Advocate for Respondent No.3 on taking
instructions submitted that if the proceedings are stayed viz-a-viz
Petitioner for limited duration only for the purpose of going abroad,
he is not having objection.
5. In view of that following order is passed:
ORDER
(i) The proceedings bearing R.C.C.No. 279/2024 and 280/2024 qua the Petitioner-Radhika Madhukar Dudhat are stayed for a period of one month from today.
::: Uploaded on - 09/07/2025 ::: Downloaded on - 01/08/2025 23:20:35 ::: LSP 3 25 wp 6056.24-6062.doc
(ii) In all the petitions, interim order granted earlier to
continue till next date.
(iii) Stand over to 18th August 2025 at 4.00 p.m.
(S.M. MODAK, J.)
::: Uploaded on - 09/07/2025 ::: Downloaded on - 01/08/2025 23:20:35 :::