1 2025:CGHC:48571 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 18 of 2025 Smt. Deepmala Rathore W/o Devendra Kumar Rathore Aged About 26 Years R/o Village - Shiud, P.S. - Nawagarh, District Janjgir-Champa (C.G.), (Complainant) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - Police Station - Dipka, District - Korba (C.G.) 2 - Khilendra Rathore S/o Ramsharan Rathore R/o M.Q.-1376, Pragatinagar Colony, Dipka, District - Korba, Chhattisgarh, (Accused Person) 3 - Ramsharan Rathore S/o Ramlal Rathore R/o M.Q.-1376, Pragatinagar Colony, Dipka, District - Korba, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Syed Afaque Hussain Rizvi, Advocate. For Respondent No.1/State : Ms. Ankita Shukla, Panel Lawyer. For Respondent Nos. 2 & 3 : Mr. Sourabh Sahu, Advocate. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 22/09/2025 1. Heard Mr. Syed Afaque Hussain Rizvi, learned counsel for the petitioner. Also heard Ms. Ankita Shukla, learned Panel Lawyer, appearing for the respondent No.1/State and Mr. Sourabh Sahu, learned counsel appearing for respondent Nos. 2 & 3. 2. The present petition under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) seeks transfer of Criminal Case No. 180/2025 from the Court of Judicial Magistrate First Class, Katghora, District Korba to the Court of Judicial Magistrate First Class, Janjgir, District Janjgir-Champa. 3. Brief facts necessary for the case are that the applicant lodged FIR No. 06/2025 against respondents 2 and 3 for offences under Sections 296, 351(2), 115(2), 324(4) and 3(5) of the BNSS. After completion of investigation, the police filed the charge-sheet before the Judicial Magistrate First Class, Katghora, District Korba, where it has been registered as Criminal Case No. 180/2025 and remains pending, hence the transfer petition. 4. Learned counsel for the petitioner submits that the respondents No. 2 and 3 have acted unlawfully and that she is a permanent resident of Village Shiud, P.S. Nawagarh, District Janjgir-Champa. He further submits that about five family cases are already pending before the Janjgir-Champa Family Courts, copies of which and FIR 368/2024 are collectively annexed as Annexure 3 P/2, owing to these ongoing disputes, the petitioner is facing mental, financial, and health difficulties in repeatedly traveling roughly 90 km to Katghora. He also submits that on 25.07.2025, when the petitioner, along with her husband, arrived at Janjgir- Champa for the purpose of contesting their cases, Respondents No. 2 and 3 criminally intimidated them with threats to their lives, therefore seeks transfer of Criminal Case No. 180/2025 from the Judicial Magistrate First Class, Katghora, District Korba, to the Judicial Magistrate First Class, Janjgir, District Janjgir-Champa. 5. Learned counsel appearing for State/respondent No.1 opposes the submission advanced by learned counsel for the petitioner. 6. Learned counsel appearing for respondent Nos.2 & 3 opposes the submission advanced by learned counsel for the petitioner and submits that alleged offence arose within the territorial jurisdiction of the Judicial Magistrate First Class, Katghora, District Korba, where investigation is completed and the charge-sheet has been filed. The only ground urged for transfer is the petitioner’s personal inconvenience in traveling about 90 km from Janjgir- Champa due to other family disputes, which is not a valid basis under law. Mere convenience of the complainant cannot justify transfer of a criminal case pending before a competent court. He further submits that two other matters involving the petitioner are already pending at Katghora, including Criminal Case No. 216/2025 (a counter to Crime No. 5/2025) and a defamation 4 complaint, both before the same Court. The petition thus lacks bona fides, discloses no statutory ground under Section 447 BNSS, and deserves dismissal. 7. I have heard learned counsel for the petitioner and perused the record. 8. Section 447 BNSS empowers this Court to transfer a case only when a fair and impartial trial cannot be had, a complex question of law arises, or transfer is otherwise expedient in the interest of justice or for the general convenience of all parties and witnesses. 9. The petitioner has not demonstrated any apprehension of bias, prejudice, or legal difficulty in the Court at Katghora. The plea of personal inconvenience in traveling 90 km and the alleged incident at Janjgir-Champa do not meet these statutory requirements. It is settled law that mere convenience of one party is not sufficient ground for transfer of a criminal case (Maneka Sanjay Gandhi v. Rani Jethmalani, (1979) 4 SCC 167). 10. From perusal of the records, it transpires that five matrimonial cases are pending at Janjgir-Champa and two criminal cases involving the petitioner are already pending at Katghora. Therefore, for some matters the petitioner has to attend Katghora and for others the respondents must attend Janjgir-Champa. In these circumstances, no greater inconvenience is caused to the petitioner than to the respondents. 5 11. In view of the above, this Court finds no just or sufficient ground to transfer Criminal Case No. 180/2025 from the Court of Judicial Magistrate First Class, Katghora, District Korba, to the Court of Judicial Magistrate First Class, Janjgir, District Janjgir-Champa. 12. Accordingly, the Transfer Petition stands dismissed. Interim relief granted on 22.07.2025 stands vacated. Sd/- (Ramesh Sinha) Chief Justice Akhil