1 CGHC010242422022 2026:CGHC:40692 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRR No.762 of 2022 1 - Maniram Nag @ Guddu S/o Lakhmu Aged About 33 Years R/o Gram Sargipal, Junapara, P.S. Bodhghat, District Bastar Chhattisgarh. Applicant (s) versus 1 - State Of Chhattisgarh Through P.S. Bodhghat District Bastar Chhattisgarh. Respondent(s) For Applicant (s) : Mr. P. K. Tulsyan and Mr. Vikas Patel, Advocates For Respondent (s) : Mr. Vikhyat Arora, PL Hon’ble Mr. Justice Naresh Kumar Chandravanshi Order on Board 17/09/2026 1. With the consent of learned counsel for the parties, the matter is heard finally. 2. This criminal revision has been preferred by the applicant under Sections 397 & 401 of CrPC challenging the order dated 24.06.2022 passed by the learned Special Judge (SC/ST (Prevention of Atrocities) Act, Bastar Place, Jagdalpur (C.G.) in Digitally signed by R NIRALA 2 Special Case No.20/2021 in between State of Chhattisgarh vs Maniram Nag @ Guddu, whereby the application for transfer of Criminal Case No.1133/2021 pending before the Court of learned Chief Judicial Magistrate, Jagdalpur to the Court of the Special Judge (SC/ST (Prevention of Atrocities) Act, Bastar Place, Jagdalpur (C.G.) to be heard along with Special Case No.20/2021, has been rejected by the learned Special Court, Bastar, Jagdalpur. 3. Facts of the case in nutshell are that on 27.12.2020 at about 11 am, the accused persons namely Hero Mahendra Nag @ Rupendra Nag, Sonu Baghel, Madan Nag, Man Singh Nag and Prakash Sahu entered into the house/shop of the applicant and ransacked the house/shop of the applicant and also abused him in filthy language, based on which FIR was lodged by the applicant against the aforesaid accused persons, to which FIR bearing Crime No.11/2021 was registered at Police Station Bodhghat, District Bastar against the aforesaid accused persons, based on which charge sheet bearing Criminal Case No.1133/2021 was filed in the Court of Chief Judicial Magistrate, Jagdalpur against the aforesaid accused persons for the offence under Sections 294, 506, 427 & 147 of IPC and the same is pending consideration. Subsequently, in defence the accused Hero Mahendra Nag @ Rupendra Nag also lodged FIR against the applicant Maniram Nag @ Guddu as a counterblast, to which FIR bearing Crime No.63/2021 was registered against the 3 applicant at Police Station Bodhghat, District Bastar for the offence under Sections 294 & 506 of IPC and Section 3 (1) (d) & 3 (1) (s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1988. After investigation, charge sheet was filed before the learned Special Judge (Atrocities Act), Jagdalpur for the aforesaid offence. Subsequently, the applicant filed an application for transfer of the Criminal Case No.1133/2021 pending before the Court of learned Chief Judicial Magistrate, Jagdalpur against the accused persons Hero Mahendra Nag @ Rupendra Nag, Sonu Baghel, Madan Nag, Man Singh Nag and Prakash Sahu to the Court of the Special Judge (SC/ST (Prevention of Atrocities) Act, Bastar Place, Jagdalpur (C.G.) to be heard along with the case of the applicant i.e. Special Case No.20/2021, but the same has been rejected by the learned Special Court, Bastar, Jagdalpur vide impugned order dated 24.06.2022. Hence, this criminal revision. 4. Learned counsel for the applicant would submit that the impugned order passed by the learned Special Judge is bad in law, perverse and is liable to be set aside. He would further submit that both the aforesaid cases arise out of a common incident and the case filed by the aforesaid accused persons against the applicant is a counterblast to the FIR lodged by the applicant against the aforesaid accused persons, however there is minor difference of timing of the incident in the both the cases, despite that the Police has filed charge sheets in both the cases 4 in different Courts i.e. in the Court of Chief Judicial Magistrate, Jagdalpur as well as in the Court of Special Judge, Jagdalpur, whereas there was minor difference in the aforesaid two FIRs and both arise out of common incident, but the same has not been considered by the learned Special Court while considering the application of the applicant. Therefore, it is prayed that the impugned order dated 24.06.2022 be set aside and Criminal Case No.1133/2021 pending before the learned Chief Judicial Magistrate, Jagdalpur be transferred to the Court of the Special Judge, Jagdalpur and the same be heard along with Special Case No.20/2021 pending before it. 5. Per contra, learned State counsel supports the impugned order. 6. Heard learned counsel for the parties and perused the material available on record. 7. The applicant has filed copies of FIR bearing Crime No.11/2021, which was registered at Police Station Bodhghat at the instance of applicant Maniram Nag against the accused persons Hero Mahendra Nag @ Rupendra Nag, Sonu Baghel, Madan Nag, Man Singh Nag and Prakash Sahu and FIR bearing Crime No.63/2021, registered at Police Station Bodhghat at the instance of accused Hero Mahendra Nag @ Rupendra Nag against the applicant. 8. Perusal of both the FIRs shows that the alleged incident occurred on account of raising house/shop by Hero Mahendra Nag @ Rupendra Nag on the government land and the date of incident 5 of both the FIRs is same i.e. 27.12.2020 but the time of incident and place of incident is different and there is difference of two hours in both the incidents. Thus, having considered the aforesaid aspect of the matter, it cannot be said that Criminal Case No.1133/2021 pending before the Court of the learned Chief Judicial Magistrate, Jagdalpur is counter case of Special Case No.20/2021 pending before the Court of Special Judge and both the offences were committed in the course of the same transaction. 9. On due consideration of the aforesaid aspects of the matter, this Court is not inclined to allow the instant revision. Hence the same is rejected. 10. The stay granted by this Court vide order dated 28.07.2022 is hereby recalled. Sd/- (Naresh Kumar Chandravanshi) Judge Nirala