1 2025:CGHC:59803 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 37 of 2025 Smt. Priyanka Kerketta W/o Shri Ashish Tirkey, D/o Late Benedik Kerketta Aged About 34 Years R/o Nichepara, Ambikapur, Post Office Gandhi Nagar, Ambikapur, District Sarguja C.G., At Present- Bemetatoli (Shantipara), Post Office Ginabahar, Tehsil Kunkuri, District Jashpur C.G. ... Petitioner(s) versus 1 - Shri Ashish Tirkey S/o Shri Serafinus Tirkey Aged About 40 Years R/o Ramanujganj, Post And P.S. Ramanujganj, District Balrampur- Ramanujganj C.G. 2 - Smt. Suchita Tirkey W/o Devidjohn Tigga Aged About 52 Years R/o Nichepara Ambikapur, Post Office And P.S. Ambikapur, District Surguja C.G. 3 - Devidjohn Tigga Aged About 40 Years R/o Nichepara Ambikapur, Post Office And P.S. Ambikapur, District Surguja C.G. ... Respondent(s) For Petitioner(s) : Ms. Kusum Lalchandani, Advocate. For Respondent(s) : None. 2 Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 09/12/2025 1. The present petition under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) seeks transfer of Misc. Criminal Case No.213/2025 from the Court of Chief Judicial Magistrate Balrampur Place Ramanujganj, District Balrampur- Ramanujganj to the Court of learned Chief Judicial Magistrate Jashpur, District Jashpur. 2. Brief facts necessary for the case are that the petitioner is the legally wedded wife of the respondent, and their marriage was solemnized on 12.01.2022 at a church in Kunkuri, District Jashpur. After the marriage ceremonies, the petitioner began residing at her matrimonial home with the respondent and his family members. It is alleged that immediately after she entered the matrimonial house, the respondent and his family members started misbehaving with her and subjected her to persistent cruelty and harassment for dowry. After completion of the marriage rituals, the petitioner and the respondent began residing together at the respondent’s government quarter at Ramanujganj, as he is employed as a Government Doctor. The petitioner alleges that on 21.05.2022, the respondent abused and assaulted her, and forcibly expelled her from the house during the night, demanding dowry of Rs.20,00,000/- and a car, further threatening that he would remarry another woman if the demands were not fulfilled. The petitioner states that the torture increased day by 3 day, causing her severe mental agony and deterioration of health. She was hospitalized due to her condition, and all medical expenses were borne by her sister, as neither the respondent nor his family provided any support. After being discharged from the hospital, the petitioner continued to stay at the matrimonial home for some time hoping for improvement, but the situation worsened, and eventually the respondent abandoned her and left her alone in the government quarter. As a result, the petitioner filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 against the respondent and his family members. She states that she is now residing at Kunkuri, District Jashpur, without any financial or moral support, and finds it extremely difficult to travel from Kunkuri to Balrampur– Ramanujganj to attend court proceedings. It is also stated that she had earlier filed TPC No. 184/2025, which was withdrawn on 25.11.2025 with liberty to file a properly constituted petition, as the earlier petition, though pertaining to criminal proceedings, had mistakenly been filed as a civil case. 3. Learned counsel for the petitioner submits that the petitioner is currently residing at Kunkuri, District Jashpur, while the Domestic Violence case is pending before the Chief Judicial Magistrate, Balrampur–Ramanujganj. The distance between the two places is about 250 km with no direct travel facility, making it difficult for the petitioner, who is financially weak and lacks transport support to attend the proceedings regularly. She further submits that the 4 marriage was solemnized at Kunkuri, District Jashpur, and therefore the Chief Judicial Magistrate, Jashpur, has jurisdiction to try the matter. The petitioner also states that she has no support at her matrimonial home and fears returning due to the continuous torture faced by her, making travel to Ramanujganj further unsafe and burdensome. She also submits that considering the petitioner’s circumstances, lack of resources, and safety concerns, and keeping in mind the settled principle that the convenience of the wife is an important factor in transfer matters, the balance of convenience lies in her favour. Hence, she seeks transfer of the case to the Chief Judicial Magistrate, Jashpur. 4. I have heard learned counsel for the petitioner and perused the materials available on record. 5. 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. 6. The petitioner has not demonstrated any apprehension of bias, prejudice, or legal difficulty in the Court at Balrampur- Ramanujganj. The plea of personal inconvenience in traveling 250 km does not meet the 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). 5 7. It is also relevant to observe that the petitioner has not produced any evidence to suggest that she is unable to appear through counsel, nor has she pointed out any incident or circumstance that would cause prejudice or hinder the fair conduct of the proceedings before the Court at Balrampur–Ramanujganj. 8. In view of the above, this Court finds no just or sufficient ground to transfer Misc. Criminal Case No.213/2025 from the Court of Chief Judicial Magistrate Balrampur Place Ramanujganj, District Balrampur-Ramanujganj to the Court of Chief Judicial Magistrate Jashpur, District Jashpur. 9. Accordingly, the Transfer Petition stands dismissed. Sd/- (Ramesh Sinha) Chief Justice Akhil