Bombay High Court

SURESH NAINMAL RUGHANIversusKIRTI VIKRAM RUGHANI AND ORS

Decided: 27 February 2026
Disposal: Rejected
Bench: N R BORKAR

Holding

The application for transfer under Section 447 is dismissed because the alleged bias is vague and does not meet the threshold for relocation.

Summary

Suresh N. Rughani filed an application under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to have a domestic‑violence case pending before the Metropolitan Magistrate 27th Court, Mulund, transferred to any other competent court except those in Mumbai and Thane districts. He alleged bias on the part of the concerned court but did not provide specific details. The learned judge examined the application and the submissions of the respondent’s counsel. Finding the bias allegations vague and insufficient to justify a transfer, the court declined to entertain the request. Consequently, the application for transfer was rejected and the interim application was disposed of.

Issues considered

Whether an application under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for transfer of a case can be entertained on vague allegations of bias
Whether the court has jurisdiction to transfer the domestic‑violence case to another court as sought by the applicant

Legislation cited

Subjects

transfer of criminal case
bias allegation
Section 447
domestic violence
jurisdiction
application dismissed

Judgment

                                                  923-appln-465-24 W iast-3405-25.odt


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION
               CRIMINAL APPLICATION NO.465 OF 2024


Suresh N. Rughani                                     …Applicant
       V/s.
Kirti V. Rughani & Ors.                               ...Respondents.
                               WITH
             INTERIM APPLICATION (ST) NO. 3405 OF 2025

                              …………..
Mr. Suresh Rughani, the Applicant in person is present.
Mr. Vishal V. Rankhambe a/w. Ms Aparna V. Rankhame,
Mr.Chaitanya M. Bagul and Adv. Afsar Ansari for the Respondent
No.1-Kirti.
Mr. S.R. Agarkar, APP for the Respondent/State.
PSI Sandeep B. Kamble, Bhoiwada Police Station is present.
                              …………..

                               CORAM        :   N.R. BORKAR, J.
                               DATE         :   27.02.2026.

P.C. :

1.       By this application under Section 447 of the Bharatiya
Nagarik Suraksha Sanhita, 2023, the applicant seeks transfer of
the case filed by the respondent No.1 under the provisions of the
Protection of Women from Domestic Violence Act, which is at
present pending in the Court of Metropolitan Magistrate 27 th Court,
Mulund, Mumbai to any other Court of competent jurisdiction
except the Court in District Mumbai and Thane.


2.        I have heard the applicant in person, the learned counsel for
respondent No.1 and perused the application.



Dinesh S. Sherla                      1/2
                                                 923-appln-465-24 W iast-3405-25.odt


3.         The allegations of bias against the concerned Court are
vague. In that view of the matter, I am not inclined to entertain
the present application. Hence, the Application is rejected.


4.       Pending Interim Application stands disposed of.




                                              [N.R.BORKAR, J.]




Dinesh S. Sherla                      2/2

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