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2025 DAILYLAW 13764 (CHH)

XYZ v. STATE OF CHHATTISGARH

TPCR/9/2025 · 2025-04-02

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:15470 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 9 of 2025 XYZ (Complainant) ... Petitioner versus 1. State of Chhattisgarh Through Station House OfÏcer, Police Station- Narayanpur, District Narayanpur, Chhattisgarh. 2. Manoj Kumar Mandavi S/o Late Shri Jairam Mandavi Aged About 30 Years Posted As Deputy Superintendent Of Police- Narayanpur, District Narayanpur, Chhattisgarh. (Accused) ... Respondent(s) For Petitioner/complainant : Mr. Shyamta Prasad Sannat, Advocate. For Respondent No. 1/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.04.2025 1. Heard Mr. Shyamta Prasad Sannat, learned counsel for the petitioner/complainant. Also heard Ms. Ankita Shukla, learned Panel Lawyer, appearing for the respondent No. 2/State. 2. The present transfer petition has been filed by the petitioner with the PREETI KUMARI Digitally signed by PREETI KUMARI 2 following prayers: “It is, therefore, prayed that this Hon’ble Court may kindly be pleased to allow the petition and further be pleased to transfer the Session Trial No 39/2024 pending before the learned Additional Sessions Judge (F.T.C), Kondagaon, District – Kondagaon (C.G.) to learned Additional Sessions Judge (F.T.C.), Bilaspur, District – Bilaspur (C.G.), in the interest of justice.” 3. Learned counsel for the petitioner/complainant submits that the petitioner happens to be rape victim of the case, has filed the present transfer application to transfer of the case from Kondagaon to Bilaspur on the ground that she is living at Bilaspur and finds it inconvenient to travel to Kondagaon as the distance from Bilaspur to Kondagaon is 300 Km. Moreover, Kondagaon is naxal affected area and the accused is posted in that area, he is threatening the complainant to kill her and there is possibility that the accused can attack the complainant. 4. Learned counsel for the respondent No.1/State opposes the submission made by learned counsel for the petitioner and submits that as the incident occurred at Kondagaon and all the witnesses are present there, therefore, there is no point to transfer the case from Kondagaon to Bilaspur. 5. I have heard learned counsel for the parties and perused the pleadings and prayers made in the transfer petition. 6. Considering the facts and circumstances of the case, particularly, the grounds taken by the petitioner about the distance from Kondagaon to Bilaspur does not sound to be good as merely because the petitioner/complainant has to travel from Bilaspur to Kondagaon for pursuing her case which is at a distance, the same cannot be taken as ground for transferring the said case from 3 Kondagaon to Bilaspur, as such, I do not find any good ground for interference in the present transfer petition. Accordingly, the present transfer petition is dismissed. Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti