2026:CGHC:7105 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 4 of 2026 Smt. Arti Dubey W/o Kaleshwar Dubey Aged About 40 Years R/o Village Dalhapodi, Ward No. 5, P.S. And Tehsil Akaltara, District- Janjgir-

Champa (C.G.) ... Petitioner(s)

versus Tikam Prasad Dubey S/o Late Parikshit Lal Dubey Aged About 65 Years R/o Gahrinmuda P.S. Nagarda, Tehsil Sakti District- Sakti (C.G.)

... Respondent(s)

For Petitioner(s) : Mr. Suyash Agrawal, Advocate.

For Respondent(s) : None.

Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

09.02.2026

1. Heard Mr. Suyash Agrawal, learned counsel for the petitioner.

2. The present transfer petition has been filed under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”) seeking transfer of Criminal Case No. 745/2025 from the Court of Judicial Magistrate First Class, Sakti, District Sakti to the Court of Judicial Magistrate First Class, Janjgir-Champa, District Janjgir-Champa, purportedly invoking the jurisdiction of this Court under Section 448 of the BNSS.

3. On perusal of the record, it is not in dispute that both the Courts, i.e., Judicial Magistrate First Class, Sakti and Judicial Magistrate First Class, Janjgir-Champa, fall within the same Sessions Division, namely Sessions Division Janjgir-Champa.

4. Section 448(2) of BNSS expressly provides that no application shall lie to the High Court for transferring a case from one Criminal Court to another Criminal Court within the same Sessions Division, unless an application for such transfer has first been made to the Sessions Judge concerned and rejected by him.

5. In view of the statutory bar contained in the proviso to Section

448(2) of BNSS, the present petition is not maintainable before this Court at this stage.

6. Accordingly, the petition is dismissed on this ground alone, leaving it open to the petitioner to avail the appropriate remedy before the Principal District and Sessions Judge, Janjgir-Champa, in accordance with law.

Sd/-

(Ramesh Sinha)

Chief Justice

Akhil