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2026 DAILYLAW 36967 (CHH)

GAJJU @ GAJENDRA SAHU v. STATE OF CHHATTISGARH

CRMP/2389/2023 · 2026-09-23

Shri Narendra Kumar Vyas, Shri Sudhir Kumar

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Judgment text

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CGHC010345362023 2026:CGHC:41541-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2389 of 2023 Gajju @ Gajendra Sahu S/o Dumanlal Sahu Aged About 29 Years R/o Village Sonasilli, Police Station - Fhingeshwar, District Gariyaband Chhattisgarh. ... Petitioner(s) versus 1 - State of Chhattisgarh Through Police Station - Fhingeshwar, District - Gariyaband Chhattisgarh. 2 - Dhaneshwari Sahu W/o Gajju @ Gajendra Sahu R/o Village Girola, Police Station Abhanpur, District - Raipur Chhattisgarh. ... Respondents For Petitioner : Mr. Shikhar Agnihotri, Advocate. For State : Ms. Palak Dwivedi, Panel Lawyer. For Res. No. 2 : Mr. C.R. Sahu, Advocate. DB: Hon'ble Shri Justice Narendra Kumar Vyas & Hon’ble Shri Justice Sudhir Kumar Order on Board 24/09 /2026 Per Narendra Kumar Vyas J. 1. This petition has been filed by the petitioner under Section 482 of the Criminal Procedure Code for quashing of the FIR bearing Crime No. 21/2022 registered before Police Station- Fingeshwar, District- Gariyaband (C.G.) for commission of offence under Sections 294, 506, 323 of IPC as well the subsequent charge-sheet submitted before Judicial Magistrate First Class, Rajim, District- Gariyaband (C.G.) in Criminal Case No. 46/2022. 2. Learned counsel for the petitioner would submit that another criminal proceeding bearing Criminal Case No. 13072/2022 arising out of Crime ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2026.09.25 10:55:02 +0530 No. 64/2022 registered before Police Station- Mahila Thana Raipur, District- Raipur for commission of offence under Section 498-A, 34 of IPC, is pending before the learned Judicial Magistrate First Class, Raipur (C.G.). He would further submit that the parties in both the proceedings are having a matrimonial relationship and are the same, therefore, in order to avoid multiplicity of proceedings and keeping in view the convenience of the parties, it is prayed that Criminal Case No. 46/2022 pending before the Judicial Magistrate First Class, Rajim, District- Gariyaband (C.G.), be transferred to Raipur. 3. Learned State counsel as well as counsel for respondent No. 2 would submit that submit that they have no objection in transferring the aforesaid criminal case to Raipur. 4. We have heard learned counsel for the parties and perused the documents placed on record with utmost satisfaction. 5. The provisions of Section 407(1)(c) of the Cr.P.C. empowers the High Court to transfer any case or appeal from one criminal Court subordinate to it to another criminal Court subordinate to it, where such transfer is required by any provision of the Code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice. 6. In the present case, both the criminal proceedings are between the same parties and arise out of their matrimonial relationship. One of the proceeding is already pending at Raipur and both the parties have consented to transfer of the case to Raipur. Considering the aforesaid circumstances and with a view to facilitate the convenience of the parties and avoid multiplicity of proceedings, we are of the considered opinion to transfer Criminal Case No. 46/2022 pending before Judicial Magistrate First Class, Rajim, District- Gariyaband (C.G.) to Raipur. 7. Accordingly, Criminal Case No. 46/2022 pending before Judicial Magistrate First Class, Rajim, District- Gariyaband (C.G.) is directed to be transferred to the Court of Judicial Magistrate First Class, Raipur, District- Raipur (C.G.) where Criminal Case No. 13072/2022 is pending for trial in accordance with law. 8. A copy of this order be forwarded to the concerned Judicial Magistrate First Class, Rajim, District- Gariyaband for transmitting the record to the learned Principal District and Sessions Judge, Raipur who in turn will transfer the case to the Court where Criminal Case No. 13072/2022 is pending. 9. With the aforesaid direction, the instant CRMP stands disposed of. Sd/- (Narendra Kumar Vyas) Judge Sd/- (Sudhir Kumar) Judge - Arun