1 2025:CGHC:58652 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 27 of 2025 Smt. Ankita Pandey Wife Of Shri Ashish Kumar Pandey Aged About 27 Years R/o Type- 3, Ds- 203, Kirandul Police Station Kirandul, Tahsil- Bade Bacheli, Distt- South Bastar Dantewada (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through- Police Station Mahila, Thana, Durg Distt- Durg (C.G.) 2 - Ashish Kumar Panday S/o Vijay Kumar Pandey Aged About 32 Years R/o Q. No.15/a, Street 24. Sector- 7, Police Station Bhilai Nagar, District- Durg (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Vipin Tiwari, Advocate. For Respondent No.1/State : Mr. Jitendra Shrivastava, Government Advocate. For Respondent No.2 : Ms. Sumitra Kesharwani, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 03/12/2025 1. Heard Mr. Vipin Tiwari, learned counsel for the petitioner. Also heard Mr. Jitendra Shrivastava, learned Government Advocate, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.06 11:39:55 +0530 2 appearing for respondent No.1/State as well as Ms. Sumitra Kesharwani, learned counsel appearing for respondent No.2. 2. The present transfer petition has been filed seeks transfer of Misc. Criminal Case No. 100/2023 from the Court of learned 5th Additional Sessions Judge, Durg, District – Durg (C.G.) to the leaned Principle Sessions Judge, Dantewada, District – Dantewada. 3. Brief facts necessary for the case are that the petitioner is a permanent resident of District Dantewada (C.G.), while the respondent resides in District Durg (C.G.). Their marriage was solemnized on 18.02.2022 near CG Greens Wonderland Park, Indraprastha, Raipur. After the marriage, the petitioner began residing at her matrimonial home, however, within a month, the respondent and his family members allegedly started demanding dowry and subjecting her to cruelty. Consequently, the petitioner lodged a police complaint on 04.05.2022, which led to counseling proceedings. Due to the continued rude behaviour of the respondent and his family, the police registered Crime No. 81/2022 under Sections 498A, 34 IPC and Section 4 of the Dowry Prohibition Act. Later, in CrMP No. 1934/2023, this Hon’ble High Court quashed the FIR against the other family members while allowing proceedings to continue only against the present respondent. 3 4. The petitioner thereafter filed an application under Section 9 of the Hindu Marriage Act before the Family Court, Dantewada, registered as Case No. 16A/2024, in which trial is ongoing and the respondent is regularly appearing. She also filed a complaint under Section 12 of the Domestic Violence Act before the Chief Judicial Magistrate, Dantewada, registered as Misc. Criminal Case No. 10/2023, in which the respondent is also participating in the proceedings. 5. On 09.10.2025, the petitioner received a WhatsApp message from an officer of Mahila Thana, Durg, informing her to appear as a witness before the Court of 5th Additional Sessions Judge, Durg, on 13.10.2025. Meanwhile, the petitioner’s mother is suffering from cancer and severe memory loss for the past three years, as supported by medical documents. The petitioner has also expressed a genuine apprehension of threat to her life and safety in District Durg. Therefore, she seeks transfer of Misc. Criminal Case No. 100/2023 pending before the 5th Additional Sessions Judge, Durg, to the Court of the Principal Sessions Judge, Dantewada. 6. Learned counsel for the petitioner submits that the petitioner’s mother, who is also a material witness in the pending case, is suffering from cancer and severe memory loss, she cannot travel from Dantewada to Durg and requires continuous care and support from the petitioner. Therefore, it is impossible for the 4 petitioner to appear before the Court at Durg, making it necessary that Misc. Criminal Case No. 100/2023 be transferred to the Court of the Principal Sessions Judge, Dantewada. He further submits that the respondent is already regularly appearing in two other cases at Dantewada, namely Case No. 16A/2024 under Section 9 of the Hindu Marriage Act before the Family Court, and Misc. Criminal Case No. 10/2023 under Section 12 of the Domestic Violence Act before the Chief Judicial Magistrate. Since the respondent is already participating in proceedings at Dantewada, he will face no difficulty in appearing in the present case if it is transferred there. He also submits that the respondent frequently travels from Hyderabad and the route to Dantewada is more convenient than Hyderabad to Durg, whereas the petitioner is unemployed, dependent on her father, and cannot afford travel from Kirandul (District Dantewada) to Durg, a distance of about 433 km. The petitioner also has a genuine apprehension of threat to her life and safety in Durg due to past incidents of cruelty. Therefore, in the interest of justice and safety of the petitioner, the case deserves to be transferred to Dantewada. 7. On the other hand, learned counsel for respondent No.2 has opposed the transfer of the case. 8. Having regard to the submissions of learned counsel for the petitioner, the medical condition of the petitioner’s mother, the hardships and safety concerns faced by the petitioner in travelling 5 to Durg, and the convenience of the respondent in appearing at Dantewada, this Court finds it expedient, in the interest of justice, to transfer the present case, notwithstanding the objection of respondent No.2. 9. Accordingly, Misc. Criminal Case No. 100/2023 pending before the learned 5th Additional Sessions Judge, Durg, District Durg (C.G.) is hereby transferred to the Court of the learned Principal Sessions Judge, Dantewada, District Dantewada (C.G.). The trial Court at Durg shall transmit the record of the case to the Principal Sessions Judge, Dantewada, within three weeks from the date of receipt of a copy of this order. 10. Accordingy, the present transfer petition stands allowed and, in view of the same, I.A. No. 01/2025, seeking interim stay in the transfer petition, stands disposed of. 11. The Office is directed to forthwith transmit a certified copy of this order to the Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Preeti