2026:HHC:3045 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No. : 40 of 2026 Decided on : 09.01.2026 Tripta Devi …Petitioner. Versus Shashi Kumar & Ors. …Respondents. The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Munish Datwalia, Advocate. For the respondents : None. Virender Singh, Judge (Oral) The present petition has been filed under Section 528 of BNSS, 2023, against the order dated 16.06.2025, passed by learned Sessions Judge, Kangra at Dharamshala, H.P. in Cr.T.A. No. 04/2025, titled as ‘Tripta Devi Vs Shashi Kumar & Ors.’. As per the factual position, mentioned in the petition, the petitioner had approached the Court of learned Sessions Judge, Kangra at Dharamshala, by way of petition under Section 448 of BNSS (Section 410 of Cr.P.C.), for transfer of her case, from the Court of learned Judicial Magistrate First Class-1 Nurpur, to the court of learned Additional Chief Judicial Magistrate, Nurpur, District Kangra, H.P. 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2026:HHC:3045 2. After filing the said petition, the matter was listed on 16.06.2025, for office report. On that day, on account of the non-appearance of the Counsel for the petitioner, the said petition was dismissed in default, for want of prosecution. 3. According to the petitioner, the learned Counsel representing her, before the learned Sessions Judge, could not appear, as he had noted down the wrong date of hearing i.e. 24.06.2025, instead of 16.06.2025. 4. Considering the fact that the transfer application was at the initial stage and the petitioner, as well as, her Counsel were not going to achieve anything by not appearing on that day, had they not been prevented to do so, on account of noting down wrong date of hearing, the present petition is liable to be allowed. Consequently, petition is allowed and the order dated 16.06.2025, passed by learned Sessions Judge, Kangra at Dharamshala, is set aside. The transfer application is restored to its original number and learned Sessions Judge, Kangra at Dharamshala, is directed to proceed in accordance with law. 3 2026:HHC:3045 5. Petitioner, through her counsel, is directed to appear before the Court of learned Sessions Judge Kangra at Dharamshala, on 27.02.2026. (Virender Singh) Judge 09th January, 2026 (Pramod Kumar)