1 2025:CGHC:46652 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2850 of 2025 1 - Dinesh Kumar Swarnakar S/o Chandrika Prasad Swarnakar Aged About 49 Years R/o Telipara, Bilaspur, Present Address Ramnagar, Kawardha, Tahsil And Police Station- Kawardha, District - Kabirdham C.G. ... Petitioner Versus 1 - State Of Chhattisgarh Through The Secretary, Home Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur C.G. 2 - Director General Of Police, Police Head Quarters, Atal Nagar, Nawa Raipur C.G. 3 - Superintendent Of Police, Bilaspur, District Bilaspur C.G. 4 - Station House Officer, Police Station- Sarkanda, District Bilaspur C.G. 5 - Smt. Vandana Swarnakar W/o Dinesh Kumar Swarnakar Aged About 49 Years R/o Quarter No. 4, Phase- 2, V I P City Rajeev Vihar, Rajkishore Nagar, Bilaspur, Police Station- Sarkanda, District- Bilaspur C.G. (Complainant) ... Respondent For Petitioner : Mr. Dharmesh Shrivastava, Advocate For Respondent : Ms. Pragya Shrivastava, Dy. Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 11/09/2025 1. This Criminal Miscellaneous Petition is filed by the petitioner under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 with a SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 prayer that the criminal case pending in connection with Crime No. 754/2025, P.S. Sarkanda, District – Bilaspur for the offence punishable under Sections 498A of the Indian Penal Code, 1860 against him before the Trial Court at Bilaspur be transferred to some other Court outside the territorial jurisdiction of Bilaspur Court. 2. Learned counsel for the petitioner suibmits that the Respondent No. 5 is wife of the petitioner. However, their relationship have become bitter and both of them are residing separately. Earlier on 21.02.2025, Respondent No. 5 gave a phone call to the petitoner and called him at Bilaspur, upon which, the petitioner came to Bilaspur. However, Respondent No. 5 along with some other persons took the petitioner into a house and thereafter, beaten him due to which, he suffered injuries over his person. At that time, she was accompanied with anti-social elements. He also contended that the incident was reported to the concerned police station by filing an application before Superintendent of Police, District – Bilaspur vide Annexure A/1 and photographs were also enclosed showcasing injuires on the person of the petitoner. 3. He contended that thereafter, Respondent No. 5 filed a complaint under Section 498A of the Indian Penal Code, 1860 against him in the concerned police station in which, the petitioner obtained bail from the learned Sessions Court in Crime No. 754/2025. Case threafter was fixed on 21.08.2025 before the learned Magistrate at Bilaspur for filing of the charge-sheet in which, petitoner being on bail was informed by the police authorities to appear before the Court for filing of the charge-sheet. On the said date, i.e. 21.08.2025, petitioner came to Civil Court Bilaspur from Kawardha, however, the Respondent No. 5 who is an Advocate alogn with other Advocate friends have threatened him and made an attempt to assault him upon which, he somehow to save himself, ran back to Kawardha where he is residing at present. Again, thereafter, he had 3 submitted a complaint before the Superintendent of Police, District – Bilaspur, however, on both the complaints, no action has been taken. 4. He also contended that the petitoner has also even lodged a report on 22.06.2025 for getting his car returned from possession of the Respondent No. 5 for the alleged incident dated 21.02.2025. Therefore, for the aforementioned reasons, as the petitoner is not finding himself safe at Bilaspur, criminal case pending before the Court of Judicial Magistrate, Bilaspur be transferred to any other Court nearby to the Bilaspur District. 5. On the other hand, learned counsel for the Respondent/State vehemently opposes the submission made by counsel for the petitioner and would submit that no substantial ground has been raised for transferring the cas pending in the Court at Bilaspur. 6. I have heard learned counsel for the respective parties and also perused the pleadings made in the application as also, the documents enclosed along with this petition. 7. The petitioner has filed an application before the Superintendent of Police, District – Bilaspur, as stated by the counsel for petitioner vide Annexure A/1 mentioning that he was called at Bilaspur and thereafter, the Respondent No. 5 along with other persons have assaulted him at Bilaspur, however, after suffering injuries over his person due to the alleged assault made by the Respondent No. 5, the petitioner has not chosen to approach the concerned police station at Bilaspur making complaint against the private respondent or any other person who has allegedly assaulted him, but it appears that he has forwarded the application/complaint through post and i.e. posted on 03.06.2025 of the alleged incident dated 21.02.2025. The alleged subsequent incident which the petitioner has raised before this Court is that when he came to the Civil Court at Bilaspur on 21.08.2025, the Respondent No. 5 again 4 abused and threatened him and have also tried to make an assault on him. He somehow, again ran from the Civil court at Bilaspur and went to Kawardha which is about more than 120 Kms from Bilaspur. He did not chose to approach to the concerned police station nearby, the Civil Court which is within 02 kms from the Civil Court Bilaspur. The petitioner again sent a complaint through post on 23.08.2025 vide Annexure A/6 to the Superintendent of Police, Bilaspur. 8. From the aforementioned facts as discussed above would show that though the petitioner may have come to Bilaspur as alleged, there may be some act of assault, however, he did not go to the police station for lodging complaint against the illegal act happened with him and further, on subsequent date also, when some incident allegedly happened with him, receiving threat and about to be assaulted then also, he did not approach to go to the nearby police station. In the aforementioned facts of the case, the ground raised by the petitioner for getting the case transferred, in the opinion of this Court cannot be substantiated by him. 9. In view of the submissions made by counsel for the petitioner, this petition being sans merit is liable to be and is accordingly, dismissed. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Dey