Gayatri D/O Late Kailash Chandra Soni @ Mrs Gayatri W/O Ravi Soni v. The Sr. Inspector Of Police And ORS

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 5th March 2025 allowed the said application and transferred the case bearing Case/W/No.3521 of 2021 from the Court of learned 26th 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