1 CGHC010466962025 2026:CGHC:30967 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 30 of 2025 Smt. Deepmala Rathore W/o Devendra Kumar Rathore Aged About 26 Years R/o Village Shiud, P.S. Nawagrh, Distt. Janjgir Champa, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Dipka, Distt. Korba, Chhattisgarh. 2 - Khilendra Rathore S/o Ramsharan Rathore R/o Mq 1376, Pragatinagar Colony, Dipka, Distt. Korba, Chhattisgarh. 3 - Ramsharan Rathore S/o Ramlal Rathore R/o Mq 1376, Pragatinagar Colony, Dipka, Distt. Korba, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Syed Afaque Hussain Rizvi, Advocate. For Respondent No.1/State : Mr. Shailendra Sharma, Panel Lawyer. For Respondent Nos.2 & 3: Ms. Sakshi Chhabra, Advocate. 2 Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 21/07/2026 1. Heard Mr. Syed Afaque Hussain Rizvi, learned counsel for the petitioner. Also heard Mr. Shailendra Sharma, learned Panel Lawyer, appearing for the respondent No.1/State and Ms. Sakshi Chhabra, learned counsel appearing for respondent Nos. 2 & 3. 2. The present petition under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) seeks transfer of Criminal Case No. 180/2025 and Unregistered Complainant/2025 from the Court of Judicial Magistrate First Class, Katghora, District Korba to the Court of Judicial Magistrate First Class, Janjgir, District Janjgir-Champa. 3. Brief facts necessary for the case are that the petitioner is the complainant in Criminal Case No. 180/2025 arising out of FIR No. 06/2025 pending before the JMFC, Katghora. Earlier, her transfer petition seeking transfer of the said case to Janjgir-Champa on the ground of inconvenience was dismissed by the High Court. It is the applicant's case that, thereafter, there was a material change in circumstances inasmuch as, while returning from a court hearing at Katghora on 29.09.2025, she, her father (a key prosecution witness), and her minor daughter were allegedly attacked by her husband and his associate with an iron rod, leading to registration of FIR No. 894/2025. It is further alleged that her father sustained serious injuries requiring hospitalization, 3 the anticipatory bail application of her husband was rejected, and her father-in-law subsequently instituted another criminal complaint against her and her family at Katghora, compelling them to make repeated journeys to the same court. On these grounds, the applicant seeks transfer of Criminal Case No. 180/2025 and the connected complaint case from JMFC, Katghora to JMFC, Janjgir-Champa. Hence, the present petition. 4. Learned counsel for the petitioner submits that subsequent to the dismissal of the earlier transfer petition, there has been a material change in circumstances. On 29.09.2025, immediately after attending the proceedings at Katghora Court, the applicant, her father (a key witness), and her minor daughter were allegedly attacked by the applicant's husband and his associate, resulting in registration of FIR No. 894/2025. The applicant's father sustained serious injuries requiring hospitalization, and the anticipatory bail application of the main accused was rejected, giving rise to a genuine and well-founded apprehension regarding the safety of the applicant and the key witness while travelling to and from the Katghora Court. He further submits that the applicant is now required to contest multiple criminal proceedings before the same court at Katghora, including a counter-complaint allegedly filed by her father-in-law, wherein her father, who is also the injured witness in the attempt to murder case, has been arrayed as an accused. It is submitted that such multiplicity of proceedings amounts to harassment and creates an atmosphere of 4 intimidation, thereby affecting the applicant's ability to effectively pursue and defend the proceedings. He also submits that all the proceedings arise out of the same matrimonial dispute, whereas the more serious criminal case arising from FIR No. 894/2025 is pending at Janjgir-Champa. It is, therefore, contended that transfer of the pending cases to Janjgir-Champa would facilitate effective adjudication, ensure the safety and convenience of the applicant and her minor daughter, and avoid unnecessary hardship and repeated travel. 5. Learned counsel appearing for State/respondent No.1 opposes the submission advanced by learned counsel for the petitioner. 6. Learned counsel appearing for respondent Nos.2 & 3 opposes the submission advanced by learned counsel for the petitioner and submits that the petitioner has failed to satisfy any of the grounds contemplated under Section 447(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petition is founded only on the plea of inconvenience, which by itself is not a valid ground for transfer of a criminal case, and therefore the petition is not maintainable. She further submits that the alleged assault by the petitioner's husband cannot constitute a ground for transfer of the present cases, as the husband is not a party to the proceedings sought to be transferred, which are pending against the petitioner's in-laws. It is also contended that the cause of action arose within the territorial jurisdiction of JMFC, Katghora, the investigation has 5 been completed, the charge-sheet has been filed, and therefore the trial ought to continue before the competent court at Katghora. She also submits that the petitioner herself is an accused in Criminal Case No. 216/2025 pending before the JMFC, Katghora, arising out of the counter FIR, and is already appearing before the said Court. According to the respondents, the petitioner has suppressed this material fact and has filed the present transfer petition without approaching the Court with clean hands. She lastly submits that the criminal case sought to be transferred is a counterblast to the FIR lodged by respondent No. 3, and several proceedings between the parties are already pending. Since no statutory ground for transfer is made out under Section 447 of the BNSS, therefore, the respondents pray for dismissal of the transfer petition. 7. I have heard learned counsel for the parties and perused the record. 8. 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. 9. It is not in dispute that the petitioner had earlier approached this Court by filing TPCR No.18 of 2025 seeking transfer of Criminal Case No.180/2025 from the Court of JMFC, Katghora to the Court of JMFC, Janjgir-Champa. The said petition came to be dismissed 6 by order dated 22.09.2025, wherein this Court specifically observed that five matrimonial cases were already pending between the parties at Janjgir-Champa and two criminal cases involving the petitioner were pending at Katghora. It was further observed that, while the petitioner was required to attend the proceedings at Katghora, the respondents were also required to attend the proceedings at Janjgir-Champa. Therefore, no greater inconvenience was being caused to the petitioner than to the respondents and mere inconvenience was held not to be a ground warranting transfer of the criminal case. 10. The only ground on which the present second transfer petition has been preferred is the alleged change in circumstances arising out of the incident dated 29.09.2025, wherein the petitioner, her father and her minor daughter are stated to have been assaulted while returning from Katghora after attending the Court proceedings. On the basis of the said incident, FIR No.894/2025 has been registered against the petitioner's husband and another person. Though the alleged incident is undoubtedly serious in nature, the same, by itself, does not satisfy any of the conditions contemplated under Section 447 of the BNSS so as to justify transfer of the pending criminal proceedings. The apprehension expressed by the petitioner primarily arises from the conduct allegedly attributable to her husband. Admittedly, the husband is not a party in Criminal Case No.180/2025 or in the Unregistered 7 complaint case sought to be transferred, which are pending against respondent Nos.2 and 3. 11. It is also pertinent to note that the offences forming the subject matter of Criminal Case No.180/2025 were allegedly committed within the territorial jurisdiction of Police Station Dipka, District Korba and are triable by the competent Court at Katghora. The investigation has already been completed, the charge-sheet has been filed and the matter is pending for trial before the Court having territorial jurisdiction. No material has been placed before this Court to indicate that the learned trial Court is biased or that a fair and impartial trial cannot be held at Katghora. Section 447 of the BNSS confers extraordinary power upon the High Court to transfer criminal proceedings where circumstances so warrant. Such power is required to be exercised sparingly and only where the Court is satisfied that a fair and impartial inquiry or trial cannot be held, or that transfer is otherwise necessary in the interest of justice. Mere apprehension or inconvenience, unless supported by cogent material demonstrating a real likelihood of prejudice to the administration of justice, cannot be made the basis for transfer. The petitioner has also contended that multiple proceedings between the parties are pending and that another complaint has been instituted against her and her family members at Katghora. However, the mere pendency of multiple proceedings between the parties cannot, by itself, constitute a ground for transfer. 8 12. It is also not disputed that the petitioner herself is an accused in Criminal Case No.216/2025 pending before the JMFC, Katghora and is required to appear before the said Court in any event. So far as the apprehension regarding the safety of the petitioner and her family members is concerned, the same is a matter to be addressed by the competent law enforcement authorities. If the petitioner entertains any genuine apprehension regarding her safety while attending the Court proceedings, it shall be open for her to seek appropriate protection from the Superintendent of Police concerned or any other competent authority in accordance with law. However, such apprehension, in the facts of the present case, cannot be treated as a sufficient ground for transferring the pending criminal proceedings. 13. This Court is, therefore, of the considered opinion that no circumstance has been brought on record which would warrant taking a view different from the one already taken while dismissing TPCR No.18 of 2025. The petitioner has failed to establish that a fair and impartial trial cannot be conducted by the Court of JMFC, Katghora or that transfer of the proceedings is otherwise expedient for the ends of justice within the meaning of Section 447 of the BNSS. 14. In view of the above, this Court finds no just or sufficient ground to transfer Criminal Case No. 180/2025 and Unregistered Complaint/2025 from the Court of Judicial Magistrate First Class, 9 Katghora, District Korba, to the Court of Judicial Magistrate First Class, Janjgir, District Janjgir-Champa. 15. Accordingly, the Transfer Petition stands dismissed. Sd/- (Ramesh Sinha) Chief Justice Akhil