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2026 DAILYLAW 33630 (CHH)

MANI RAM SAHU v. SATYANARAYAN SAHU

TPCR/13/2026 · 2026-08-16

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010241872026 2026:CGHC:36647 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 13 of 2026 1 - Mani Ram Sahu S/o Radheshyam Sahu Aged About 35 Years R/o Sakin- C- 18 Nand Kishor Agrwal Housing Board Colony, Ashok Nagar, Bilaspur Thana- Sarkanda District- Bilaspur, (Chhattisgarh). 2 - Radheshyam Sahu S/o Lalji Sahu Aged About 61 Years R/o Sakin- C- 18 Nand Kishor Agrwal Housing Board Colony, Ashok Nagar, Bilaspur Thana- Sarkanda District- Bilaspur, (Chhattisgarh). 3 - Paras Sahu S/o Ramnath Sahu Aged About 47 Years R/o Old Sarkanda Near Mata Chaura Baghwa Mandir, Sipat Chowk Sarkanda Bilaspur, Thana- Sarkanda, District- Bilaspur (C.G.). ... Petitioner(s) versus Satyanarayan Sahu S/o Uday Ram Sahu Aged About 40 Years R/o Akaltara, Dewangan Mohalla, Purani Basti, Thana- Akaltara, District- Janjgir-Champa (C.G.). ... Respondent(s) For Petitioner(s) : Ms. Astha Patel, Advocate. For Respondent(s) : Mr. Rishi Rahul Soni, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 17/08/2026 1. Heard Ms. Astha Patel, learned counsel for the petitioners. Also heard Mr. Rishi Rahul Soni, learned counsel for the respondent. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. The present petition under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) seeks transfer of Criminal Case No. unregistered case/2026 pending before the Court of Chief Judicial Magistrate First Class, Janjgir, District Janjgir – Champa (C.G.) to the Court of Chief Judicial Magistrate First Class, Bilaspur, District – Bilaspur (C.G.). 3. Brief facts necessary for the case are that petitioner No. 2’s daughter was married to the respondent on 05.12.2013, and a daughter was born out of their wedlock on 26.02.2015. It is alleged that matrimonial disputes arose thereafter, resulting in several proceedings between the parties and their respective family members before the courts at Bilaspur and Janjgir- Champa. The present complaint has been filed by the respondent against the petitioners under Sections 296, 115(2), 126(2), 351(2), 351(3) and 3(5) of the BNS before the learned CJM, Janjgir- Champa. The petitioners submit that several connected matrimonial and criminal proceedings are already pending at Bilaspur and that, by order dated 11.03.2026 passed in TPCR No. 26 of 2025, an earlier complaint case was also transferred from Akaltara to Bilaspur. Since the petitioners are residing at Bilaspur and petitioner Nos. 1 and 2 would face considerable hardship in travelling frequently to Janjgir due to their respective circumstances, they seek transfer of the present case to the competent court at Bilaspur in the interest of justice. Hence, the petition. 3 4. Learned counsel for the petitioners submits that three cases between the same parties are already pending before the competent Courts at District Bilaspur. She further submits that, vide order dated 11.03.2026 passed in TPCR No. 26 of 2025, one more case between the parties was transferred from District Janjgir-Champa to District Bilaspur. Thus, four cases between the parties are presently pending at District Bilaspur. It is, therefore, prayed that the present case may also be transferred to the Court of learned Chief Judicial Magistrate First Class, Bilaspur, District Bilaspur, in the interest of justice and to avoid multiplicity of proceedings. 5. Learned counsel appearing for State/respondent opposes the submission advanced by learned counsel for the petitioner. 6. I have heard learned counsel for the parties and perused the material available on record. 7. It is evident that three cases between the same parties are already pending before the competent Courts at District Bilaspur. Further, vide order dated 11.03.2026 passed in TPCR No. 26 of 2025, another case between the parties was transferred from District Janjgir-Champa to District Bilaspur. Thus, four proceedings between the parties are presently pending before the competent Courts at District Bilaspur. 8. In the aforesaid facts and circumstances, this Court is of the considered opinion that transferring the present case to District 4 Bilaspur would facilitate effective and convenient adjudication of the connected proceedings and would also avoid multiplicity of proceedings and the possibility of conflicting findings. Moreover, the petitioners are residing at Bilaspur and would otherwise be required to travel repeatedly to Janjgir in connection with the present proceedings. The convenience of the parties, particularly when several connected proceedings between the same parties are already pending at Bilaspur, also weighs in favour of the prayer for transfer. 9. In view of the foregoing discussion and particularly in view of the earlier transfer order passed by this Court in TPCR No.26 of 2025 between the same parties, this Court deems it appropriate to allow the present petition. Accordingly, the present transfer petition stands allowed. The learned Chief Judicial Magistrate First Class, Janjgir, District Janjgir – Champa (C.G.) is directed to transmit the entire record of Case bearing Criminal Case No. unregistered case/2026 to the Court of Chief Judicial Magistrate First Class, Bilaspur, District – Bilaspur (C.G), within a period of two weeks from the date of production of a certified copy of the order. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd Sd/- (Ramesh Sinha) Chief Justice Akhil