Bombay High Court

GAYATRI D/O LATE KAILASH CHANDRA SONI @ MRS GAYATRI W/O RAVI SONIversusTHE SR. INSPECTOR OF POLICE AND ORS

Decided: 4 March 2026
Disposal: Disposed Off
Bench: N R BORKAR

Holding

The interim application was dismissed because the reliefs sought were beyond the scope of the original transfer proceedings.

Summary

The applicant, Gayatri, filed a criminal application under Section 407 of the CrPC seeking transfer of a case, which the High Court ordered on 5 March 2025, moving it from a Metropolitan Magistrate to a Joint Judicial Magistrate First Class in Alibaug. Subsequently, she filed an interim application requesting the court to call the respondents from the records, issue notices for non‑compliance with the transfer order, and direct them to obtain her statement under Section 164(5)(A) of the CrPC in the pending regular case. The court examined whether these reliefs fell within the scope of the original transfer application. It held that the interim prayers extended beyond the limited purpose of the transfer order and therefore could not be entertained. Consequently, the interim application was rejected.

Issues considered

What reliefs can be granted in an interim application filed after a transfer order under Section 407 CrPC?
Whether the court can direct respondents to record a statement under Section 164(5)(A) CrPC in a separate pending case?

Legislation cited

Code of Criminal Procedure, 1973 — s. 164(5)(A), 407

Subjects

Criminal Procedure Code
Section 407
Section 164
Transfer of case
Interim application
Jurisdiction

Judgment

                                                             5-ia-4848-25.odt


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
               INTERIM APPLICATION NO. 4848 OF 2025
                                IN
              CRIMINAL APPLICATION NO. 598 OF 2023

Gayatri d/o. Late Kailash
Chandra Soni @ Mrs. Gayatri
w/o. Ravi Soni                                  …Applicant
      V/s.
The Sr. Inspector of Police and Ors.            ...Respondents.
                              …………..
Mr. Deepak C. Natu i/b M/s. N. Deepak and Co for the Applicant.
Mrs. Savita M. Yadav, APP for the Respondent/State.
                              …………..

                              CORAM         :   N.R. BORKAR, J.
                              DATE          :   04.03.2026.
 P.C. :

1.       The applicant had filed the above Criminal Application No.
598 of 2023 under Section 407 of the Code of Criminal Procedure.
This Court by order dated 5 th March 2025 allowed the said
application and transferred the case bearing Case/W/No.3521 of
2021 from the Court of learned 26 th Metropolitan Magistrate,
Borivali (West), Mumbai to the Court of learned JMFC, Alibaug.


2.       By this Interim Application, the applicant seeks the following
reliefs.
         “(a) This Hon'ble Court may kindly be pleased to call R&P
         from the records of this Hon'ble Court in respect of Criminal
         Application No. 598/2023 U/s. 407 of the then The Code of
         Criminal Procedure, 1973 which was decided on 05.03.2025
         at Annexure "A";

         (b) This Hon'ble Court may kindly be pleased to issue notice


Dinesh S. Sherla                      1/2
                                                                5-ia-4848-25.odt


         to the respondent nos. 01 to 03 for their inaction thereby not
         following the Order passed by this Hon'ble Court dtd.
         05.03.2025 at Annexure 'A' in Criminal Application No.
         598/2023 U/s. 407 of the then The Code of Criminal
         Procedure, 1973;

         (c) That this Hon'ble Court may kindly be pleased to direct
         the respondent nos. 01 to 03 to send a request letter to the
         Ld. Jt. Judicial Magistrate First Class, Alibaug, Dist. Raigad in
         Regular Criminal Case No. 103/2025 which is pending for
         disposal to record the statement of the applicant U/s. 164(5)
         (A) of the then The Code of Criminal Procedure, 1973;

         (d) Grant any other further reliefs to the applicant in the
         interest of justice looking into the facts and circumstances of
         the present application.”

3.       The prayers sought in the present application are beyond the
scope of the main proceedings which were filed only for the
transfer of the matter. The Application is thus rejected.



                                                 [N.R.BORKAR, J.]




Dinesh S. Sherla                        2/2

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