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2025 DAILYLAW 37154 (CHH)

MUKESH KUMAR THAKUR v. STATE OF CHHATTISGARH

TPCR/21/2025 · 2025-08-07

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:39991 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 21 of 2025 Mukesh Kumar Thakur S/o Nand Keshwar Thakur Aged About 38 Years R/o Village - Dandgaon, P.S. - Udaipur, District - Surguja, Chhattisgarh, Presently R/o Quarter No. 78-80/03/2a, Balco Township. P.S. Balco Nagar, , District - Korba (Chhattisgarh) ... Petitioner versus State Of Chhattisgarh Through - Police Station - Udaipur, District - Surguja, Chhattisgarh. ---- Respondent For Petitioner : Mr. Manoj Kumar Jaiswal, Advocate. For Respondents/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.08.2025 1. Heard Mr. Manoj Kumar Jaiswal, 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: “ It is, therefore, most respectfully prayed that the Hon'ble Court may kindly be pleased to allow this transfer petition RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 and to transfer the pending case No. 110/2019 from the learned first Additional Sessions Judge Ambikapur District Sarguja Chhattisgarh to another concerned sessions court of Sarguja (Ambikapur) Chhattisgarh, in the interest of justice. ” 3. The prosecution story in brief is that the petitioner has registered FIR No. 101/2018 which has been registered by the respondent against the accused persons for offence under Section 294, 506, 323, 307, 147 and148 of the IPC. Thereafter, the concerned Police authorities have completed investigation and produced chargesheet and the case has been registered as case Crime No. 110/2019 and proceeding is going on and pending before the learned first Additional Sessions Judge Ambikapur District Sarguja (C.G.). Thereafter, the applicant file application under Section 448 of the BNSS before the learned first Additional Sessions Judge, Ambikapur, District – Sarguja (C.G.) for seeking to transfer the pending before case Crime No. 110/2019 to another concerned Sessions Court. The learned first Additional Session Judge, Ambikapur, District – Sarguja (C.G.) vide its order dated 05.07.2025 rejected the said application. The impugned order dated 05.07.2025 passed in Misc. Cr. Case No. 19/2025 is completely illegal, erroneous and contrary to the law and is liable to be set- aside. Hence, this petition. 4. Learned counsel for the petitioner submits that the learned first Additional Session Judge, Ambikapur, Sarguja (C.G.) did not consider the grievance of the petitioner and also not giving opportunity of hearing to him properly, furthermore, the petitioner has moved many applications before the concerned Police authorities for seeking enquiry of the responsible accused persons to involve in lodging the FIR, and they are personating in the Court proceedings but no any action has been taken by the concerned authorities and hence, it will 3 be just and proper to transfer the case in question from the Court of learned first Upper Sessions Judge, Ambikapur, District – Sarguja (C.G.) to another concerned Sessions Court of Sarguja (Ambikapur), Chhattisgarh. 5. On the other hand, learned Panel Lawyer, appearing for the respondents/State opposes the prayer made by the petitioner, to transfer the case in question from the Court of learned first Upper Sessions Judge, Ambikapur, District – Sarguja (C.G.) to another concerned Sessions Court of Sarguja (Ambikapur), Chhattisgarh. 6. I have heard learned counsel for the parties and perused the pleadings and prayers made in the transfer petition. 7. 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 raised by the learned counsel for the petitioner in the present transfer application appears to be vague and ambiguous. Accordingly, the present transfer petition is dismissed. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar