Extracted from the PDF above. The PDF is authoritative.
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CGHC010371602026
2026:CGHC:41365
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 24 of 2026 1 - Nandkumar Sinha Son Of Sukram Sinha Aged About 61 Years Resident Of Juneja Iron Cemnt Gali, Ratnaandha, Dhamtari, District- Dhamtari (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Chowki, Sukul Daihan, Police Station Lalbag, District Rajnandgaon (C.G.) 2 - Yogita Sinha W/o Rahul Sinha Resident Of Ratnabandha Road, Dhamtari, At Present Resident Of Village- Makranpur, Police Chowki- Sukul Daihan, P.S. Lalbag, District Rajnandgaon (C.G.)
... Respondents (Cause title, as taken from Case Information System) For Petitioner : Mr. Divyansh Shukla, Advocate. For Respondent No.1/State For Respondent No.2 : : Mr. Vikhyat Arora, Panel Lawyer. -- (Hon’ble Shri Justice Naresh Kumar Chandravanshi)
Order On Board 23/09/2026
1. Heard on admission. 2. The petitioner has filed the instant transfer petition under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “the BNSS”), seeking transfer of Criminal Case No.903/2026 pending RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2026.09.24 10:40:27 +0530
2 before the learned Judicial Magistrate First Class (JMFC), Rajnandgaon (CG) to the Court of learned Judicial Magistrate First Class, Dhamtari (CG). 3. Facts of the case, in brief, are that respondent No.2 lodged a report, on the basis of which Crime No.135/2026 for the offence punishable under Section 85 of the Bharatiya Nyaya Sanhita, 2023, was registered against the petitioner and other co-accused at Police Station Lalbag, Rajnandgaon. After completion of investigation, charge-sheet was filed before the competent Court, which is pending consideration before the learned JMFC, Rajnandgaon, in Criminal Case No.903/2026. 4. Learned counsel for the petitioner submits that the petitioner is aged about 61 years and is suffering from multiple chronic diseases. He is undergoing regular treatment and, therefore, it would be difficult for him to travel from Dhamtari to Rajnandgaon to attend the hearings in the aforesaid criminal case. Therefore, it is prayed that Criminal Case No.903/2026 be transferred from the Court of learned JMFC, Rajnandgaon to the Court of learned JMFC, Dhamtari (CG). 5. Per contra, learned State counsel controverted the submissions made by learned counsel for the petitioner and submits that, except for one medical certificate, the petitioner has not filed any medical prescription or investigation report to substantiate the fact that he is suffering from multiple chronic diseases. Rather, the said certificate only demonstrates that the petitioner is suffering from Type -II diabetes. Hence, it is submitted that the present transfer petition deserves to be rejected. 3
6. I have heard learned counsel for the parties and perused the material available on record carefully. 7. As per the transfer petition, the petitioner is aged about 61 years. A person aged 61 years cannot be said to be an old-aged person in the present circumstances. It is further stated that the petitioner is suffering from multiple chronic diseases and is undergoing regular treatment. However, in this regard, only one medical certificate issued by a doctor on 03.09.2026 has been filed. No other treatment document or investigation report relating to the alleged diseases of the petitioner has been filed on record. 8.
Considering the aforesaid facts and circumstances of the case, the grounds raised by the petitioner for transfer of the aforesaid criminal case are not found to be sufficient for transferring the case from the Court of learned JMFC, Rajnandgaon to the Court of learned JMFC, Dhamtari. Consequently, the present transfer petition is dismissed at motion stage. 9. Pending interlocutory application(s), if any, stands disposed of. No
order as to costs. Sd/-
(Naresh Kumar Chandravanshi)
Judge Rukhsar