1 2026:CGHC:2208 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 39 of 2025 Kamla Bai W/o Kamta Sahu Aged About 57 Years Caste Teli, R/o Village Amalidih, Tahsil And District Mahasamund (C.G.) ... Applicant(s) versus Umesh Kumar Sahu S/o Kamta Sahu Aged About 30 Years R/o Village Mandeli, P.S. And Tahsil Chhura, District Gariyaband Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. C.R. Sahu, Advocate. For Respondent(s) : None Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 14/01/2026 1. Heard Mr. C.R. Sahu, learned counsel for the applicant. 2. The present petition under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) seeks transfer of M.J.C. No. 56/2019 from the Court of Judicial Magistrate First 2 Class Gariyaband, District - Gariyaband to the Court of Judicial Magistrate First Class, Mahasamund, District - Mahasamund. 3. Brief facts necessary for the case are that the petitioner was lawfully married to Kamta Sahu, and after solemnization of the marriage, both the petitioner and her husband resided together as husband and wife at their matrimonial home. Out of the said wedlock, a child (respondent) was born. After some time of marriage, the petitioner was subjected to continuous harassment and mental cruelty by her husband, Kamta Sahu, and his family members on account of insufficient dowry. They persistently demanded money from the petitioner, due to which she was compelled to leave her matrimonial home and reside separately. Since then, the petitioner has been residing at Village Amalidih, Tahsil and District Mahasamund, Chhattisgarh. Thereafter, the petitioner filed an application under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.) before the learned Judicial Magistrate First Class, Gariyaband, District Gariyaband, Chhattisgarh, seeking grant of maintenance. The said proceedings are presently pending consideration before the learned Judicial Magistrate First Class, Gariyaband. 4. Learned counsel for the petitioner submits that the petitioner seeks either transfer of the maintenance amount to her bank account or transfer of M.J.C. Case No. 56/2019 from the Court of learned Judicial Magistrate First Class, Gariyaband, District 3 Gariyaband, Chhattisgarh to the Court of learned Judicial Magistrate First Class, Mahasamund, District Mahasamund, Chhattisgarh, in the interest of justice. He further submits that the petitioner is a poor and uneducated woman, presently residing at Village Amalidih, Tahsil and District Mahasamund (C.G.), having no independent source of income. Due to financial hardship and long distance of about 80 km between her place of residence and the Court at Gariyaband, she is facing serious difficulty in regularly appearing before the said Court. He also submits that it would be convenient for the respondent to appear before the learned JMFC, Mahasamund. If the transfer petition is not allowed, the petitioner would suffer irreparable loss, whereas the respondent may gain undue advantage and there is likelihood of an ex-parte order being passed. Therefore, considering the facts and circumstances of the case, M.J.C. Case No. 56/2019 deserves to be transferred to the Court of learned JMFC, Mahasamund, District Mahasamund. 5. I have heard learned counsel for the petitioner and perused the record. 6. 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. 4 7. The petitioner has not demonstrated any apprehension of bias, prejudice, or legal difficulty in the Court at Gariyaband. The plea of personal inconvenience in traveling 80 km does not meet these statutory requirement. 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). 8. Furthermore, no material has been placed on record to show that continuance of the proceedings at Gariyaband would cause such grave hardship or miscarriage of justice as to warrant interference by this Court. The grounds urged are general in nature and do not disclose any compelling or exceptional circumstances for exercising the power of transfer under Section 447 of the BNSS. 9. In view of the above, this Court finds no just or sufficient ground to transfer M.J.C. Case 56/2019 from the Court of Judicial Magistrate First Class Gariyaband, District - Gariyaband to the Court of Judicial Magistrate First Class, Mahasamund, District - Mahasamund. 10. Accordingly, the Transfer Petition stands dismissed. Sd/- (Ramesh Sinha) Chief Justice Akhil