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2025 DAILYLAW 20237 (CHH)

SMT. JAMUNA GHRITLAHRE v. STATE OF CHHATTISGARH

TPCR/11/2025 · 2025-05-07

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:21436 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 11 of 2025 Smt. Jamuna Ghritlahre W/o Sandeep Ghritlahre Aged About 33 Years R/o Matrichhaya Hospital, Dubey Colony, Mova, Raipur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station- Bhatapara Gramin, District- Balodabazar-Bhatapara (C.G.) 2 - Sandeep Ghrtilahre S/o Late Bhagwat Prasad Ghritlahre Aged About 32 Years R/o Village- Khapri, Police Station- Bhatapara Gramin, District- Balodabazar-Bhatapara (C.G.) 3 - Smt. Padmini Bai W/o Late Bhagwat Ghritlahre Aged About 55 Years R/o Village- Khapri, Police Station- Bhatapara Gramin, District- Balodabazar- Bhatapara (C.G.) 4 - Sanjeev @ Sanjay Ghritlahre S/o Late Bhagwat Ghritlahre Aged About 35 Years R/o Village- Khapri, Police Station- Bhatapara Gramin, District- Balodabazar-Bhatapara (C.G.) 5 - Hemlata Ghritlahre W/o Sanjeev Ghritlahre Aged About 30 Years R/o Village- Khapri, Police Station- Bhatapara Gramin, District- Balodabazar- Bhatapara (C.G.) 6 - Rajeev Ghritlahre S/o Late Bhagwat Ghritlahre Aged About 30 Years R/o Village- Khapri, Police Station- Bhatapara Gramin, District- Balodabazar- Bhatapara (C.G.) ---- Respondent For Petitioner : Mr. Dhirendra Prasad Mishra, Advocate. For Respondents/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.05.2025 1. Heard Mr. Dhirendra Prasad Mishra, learned counsel for the petitioner. Also heard Ms. Ankita Shukla, learned Panel Lawyer, appearing for the respondents/State. 2. The present transfer petition has been filed by the petitioner with the following prayers: RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 “It is therefore, prayed that this Hon'ble Court may kindly be pleased to allow this petition and may kindly be pleased to transfer the Criminal Case No. 121/2025 (State vs. Sandeep Ghritlahre & others) for the offence punishable under section 354, 498(A) and 34 of IPC and Section 4 & 5 of the Chhattisgarh Tonahi Pratadna Nivaran Act, 2005 in the F.I.R. dated 12.12.2024 bearing Crime No. 650/2024 registered at Police Station Bhatapara Gramin, District Balodabazar-Bhatapara (C.G.) is pending before the Court of Learned Judicial Magistrate First Class, Bhatapara, District Balodabazar- Bhatapara (C.G.) to the Court of Learned Judicial Magistrate First Class, Raipur, District - Raipur (C.G.) and/or pass such other orders in favor of the petitioner as this Hon'ble Court may deem fit in the facts and circumstances of the case.” 3. Learned counsel for the petitioner submits that there is every likelihood that the private respondents would create nuisance with the petitioner and their witnesses and there would be non-availability of congenial atmosphere for the petitioner as well as their witnesses in Bhatapara, therefore, the petitioner is under reasonable apprehension that she would not get fair opportunity to support the prosecution case in nay manner. It is further submitted that the petitioner has been receiving continuous threats from the in-laws, including threats of physical harm and intimidation, determining her from attending proceedings at Bhatapara. Therefore, in view of the above and more particularly in view of threats to the life of the petitioner and apprehensions of her witnesses in this regard and in the interest of justice and fair play and in the interest and the convenience of parties, it will be just and proper to transfer the 3 case in question from the Court of learned Judicial Magistrate First Class, Bhatapara, District – Balodabazar-Bhatapara (C.G.) to the Court of learned Judicial Magistrate First Class, Raipur, District – Raipur (C.G.). 4. On the other hand, learned Panel Lawyer, appearing for the respondents/State opposes the prayer made by the petitioner, and submits that there is no need to transfer the case in question from District- Balodabazar- Bhatapara to District – Raipur (C.G.). 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, I do not find any good ground for interference in the present transfer petition, as the ground in transfer application of threat from in-laws as has been pleaded appears to be vague and ambiguous. Accordingly, the present transfer petition is dismissed. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar