1 2025:CGHC:15957 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 10 of 2025 1 - Anjali Panda W/o Shri Shrikant Panda, D/o Prashant Kumar Das Aged About 30 Years R/o Village- Garbhana, P.S. And Tahsil- Sohela, District- Bargarh (Odisha) At Present R/o Sankra, P.S.- Sariya, Tahsil- Baramkela, District- Sarangarh-Bilaigarh (C.G.), Now R/o Ward No. 3 Nagar Panchayat Pussoure, District- Raigarh (C.G.) 2 - Ku. Aditi Panda D/o Shri Shrikant Panda Aged About 8 Years Minor Represented Through Petitioner No. 1, R/o Village- Garbhana, P.S. And Tahsil- Sohela, District- Bargarh (Odisha) At Present R/o Sankra, P.S.- Sariya, Tahsil- Baramkela, District- Sarangarh-Bilaigarh (C.G.), Now R/o Ward No. 3 Nagar Panchayat Pussoure, District- Raigarh (C.G.) 3 - Adut Panda S/o Shri Shrikant Panda Aged About 7 Years Minor Represented Through Petitioner No. 1, R/o Village- Garbhana, P.S. And Tahsil- Sohela, District- Bargarh (Odisha) At Present R/o Sankra, P.S.- Sariya, Tahsil- Baramkela, District- Sarangarh-Bilaigarh (C.G.), Now R/o Ward No. 3 Nagar Panchayat Pussoure, District- Raigarh (C.G.) ... Petitioner(s) versus Shrikant Panda S/o Bhagirathi Panda Aged About 37 Years Occupation- Crasher Machine J.C.B. Operator And Tractor And Cultivator, Caste- Bramhan, R/o Village- Garbhana, P.S. And Tahsil- Sohela, District- Bargarh (Odisha) ... Respondent(s) PREETI KUMARI Digitally signed by PREETI KUMARI 2 For Petitioner(s) : Mr. Amit Singh Chauhan, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04 .04.2025 1. Heard Mr. Amit Singh Chauhan, learned counsel for the petitioners. 2. The present transfer petition has been filed by the petitioners with the following prayers: “It is therefore most respectfully prayed that this Hon’ble Court may kindly be pleased to pass order for transfer of M.J.C. Criminal No. 159/2023 from the Court of learned Judicial Magistrate First Class, Sarangarh, District-Sarangarh-Bilaigarh (C.G.) to the competent Family Court of District-Raigarh (C.G.) ” 3. Brief facts of the case are that the petitioner No. 1 is the legally married wife of respondent and the petitioners No. 2 & 3 have been born from the lawful wedlock of petitioner No. 1 and respondent No. 2, due to some domestic dispute, the petitioner No. 1 has been ousted by the respondent from her matrimonial house. The petitioner No. 1 is living along with her minor children in her parental family. The petitioners have filed an application under Section 125 of Cr.P.C. before the learned Judicial District-Magistrate First Class, Sarangarh, Bilaigarh-Sarangarh (C.G.), which has been registered as MJC Criminal No. 159/2023. At the time of filing aforesaid application, the petitioners were living in District- Sarangarh-Bilaigarh (C.G.) and at present the petitioners are living 3 at Pussore, District-Raigarh (C.G.). The petitioners No. 2 & 3 are minor and the petitioner No. 1 is unable to travel from Pussore to Sarangarh. The distance between Pussore to Sarangarh is about 50 km. and the distance between Pussore to Raigarh is about 15 km. Hence, the transfer petition. 4. Learned counsel for the petitioner submit that petitioners No. 2 & 3 are minor and the petitioner No. 1 is unable to travel from Pussore to Sarangarh as the distance between Pussore to Sarangarh is about 50 km. and the distance between Pussore to Raigarh is about 15 km. He further submits that looking to the distance, the petitioner No. 1 is not able to travel from Pussore to Sarangarh along with her 7 months old children, therefore the petitioner is seeking transfer of M.J.C. Criminal No. 159/2023 from the Court of Judicial Magistrate First Class, Sarangarh, District-Sarangarh-Bilaigarh (C.G.) to the competent Family Court of district Raigarh. 5. I have heard the learned counsel appearing for the petitioner and perused the prayers and pleadings made in the present petition. 6. From the perusal of the pleadings made in transfer petition and documents attached in the petition, it transpires that that the petitioner wants to transfer of M.J.C. Criminal No. 159/2023 from the Court of Judicial Magistrate First Class, Sarangarh, District- Sarangarh-Bilaigarh (C.G.) to the competent Family Court of district Raigarh, but both the places come under the same district, therefore, I do not find any good ground for interference in the present transfer petition. Accordingly, the present transfer petition is dismissed with liberty to the petitioner to approach the appropriate 4 Court for redressal of her grievance. 7. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti