1 2025:CGHC:38241-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 443 of 2025 Kuldeep Sahu S/o Ashok Sahu Aged About 26 Years Purana Bazaar Para, Surajpur District Surajpur (C.G.) ... Petitioner(s) versus 1 State Of Chhattisgarh Through Its Secretary Department Of Law And Legislative Affair, New Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Dist.- Raipur (C.G.) 2 Superintendent Of Police District Surajpur (C.G.) 3 Jail Superintendent Central Jail Ambikapur, District Surguja (C.G.) 4 Deputy Jailer (District Jail Superintendant) District Jail, Surajpur, District Surajpur (C.G.) ... Respondent(s) For Petitioner : Mr. Gautam Khetrapal, Advocate. For Respondents/State : Mr. Sangharsh Pandey, G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.08.05 11:00:26 +0530 2 Per Ramesh Sinha , Chief Justice 04.08.2025 1. Heard Mr. Gautam Khetrapal, learned counsel for the petitioner. Also heard Mr. Sangharsh Pandey, G.A.appearing for the State. 2. The present writ petition has been filed by the petitioner with the following prayers: “a) Direct the Respondents to transfer the Petitioner back from Central Jail, Ambikapur to District Jail, Surajpur, in the interest of justice, fair trial, and personal liberty. b) To set aside the order dated 07/03/2025 for rejection of re-transfer. c) Pass any other order(s) that may be deemed fit and just, including awarding of the cost of litigation to the petitioner.” 3. Learned counsel for the petitioner submits that earlier the petitioner was in District Jail Surajpur, however without following the due process of law and without affording due opportunity of hearing to the petitioner he has been transferred to Central Jail, Ambikapur that too at the behest of Police Officers whose own family members involved in the main criminal case bearing crime No. 575/2024 dated 14.10.2024. The petitioner has only been transferred on the ground that group of accused persons were allegedly running criminal activities inside the jail. According to him as on date most of the co-accused have already 3 been released on bail and only 2-3 accused remains in custody. Learned counsel would submit that after his transfer from Surajpur the petitioner has made several complaints regarding mental and physical torture. He would submit that the learned Trail Court without appreciating the facts and circumstances in its true perspective that too without following the Model Prison Manual rejected the application of the petitioner for his transfer from Central Jail, Ambikapur to District Jail, Surajpur by the order impugned dated 07.03.2025. 4. On the other hand, learned counsel for the State opposes the arguments made and submits that the petitioner has been transferred after following the due process of law. The Jail Authorities of Surajpur are lookinf after the safety and security of the petitioner. 5. We have heard learned counsel for the parties and perused the documents appended in the petition. 6. From bare perusal of the pleadings and the documents appended in the petition, it is manifest that while rejecting the application of the petitioner the learned Trial Court has considered the grievance of the petitioner that he is not in a position to take legal advice from his counsel and not in a position to visit his old aged mother and observed that as per the model prison manual the family members of the petitioner can visit him and even the petitioner can avail the legal advice from his counsel. The Trial court categorically observed that the petitioner failed to establish his case for his transfer from Central Jail, Ambikapur to District Jail Surajpur by placing cogent and sufficient 4 material before the learned Trial Court. The order impugned is just and proper warranting no interference of this Court. In a petition under Article 226 of the Constitution of India, this court cannot direct for transfer of a prisoner from one jail to another unless and until showing any strong material by the accused in this regard. Generally, jail transfers are administrative maters handled by the jail authorities. The court can intervene only in certain substations specially when a prisoner’s fundamental rights are at stake. Even an accused does not have inherent right to be held in a specific jail or to transfer to a particular jail. 7. In that view of the matter, the WPCR is dismissed, at the motion stage itself. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice $ Bhilwar