2025:CGHC:58207 Digitaly signed by SHOAIBS A H N O W A A I R B ANWARDate:

2025.12.01 17:05:20 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 34 of 2025 Beena Sharma W/o Shishir Prakash Sharma Aged About 36 Years (Wrongly Written As Veena Sharma), R/o Sector- 1, Sadak No. 8, Block No. 13d, Bhilai, Tahsil And District Durg (C.G.), At Present Residing At Siddhi Vinayak Nagar, Infront Of Apna Daily Needs, Yadunandan Nagar, Tifra, District Bilaspur (C.G.)

... Petitioner(s)

versus

1 - Shishir Prakash Sharma S/o Prakashnath Sharma Aged About 48 Years R/o Sector-1, Sadak No.8, Block No. 13d, Bhilai, Tahsil And District Durg (C.G.)

2 - Late Prakash Nath Sharma Aged About 72 Years, R/o Sector-1, Sadak No.8, Block No. 13d, Bhilai, Tahsil And District Durg (C.G.) 3 - Kishori Prakash Sharma W/o Prakash Nath Sharma Aged About 70 Years R/o Sector-1, Sadak No.8, Block No. 13d, Bhilai, Tahsil And District Durg (C.G.)

4 - Piyush Prakash Sharma S/o Prakash Nath Sharma Aged About 46 Years R/o Sector-1, Sadak No.8, Block No. 13d, Bhilai, Tahsil And District Durg (C.G.)

5 - Pratishtha Sharma W/o Piyush Sharma Aged About 36 Years R/o Sector-1, Sadak No.8, Block No. 13d, Bhilai, Tahsil And District Durg (C.G.)

6 - Smt. Gunjan Jha W/o Prasunna Jha Aged About 42 Years R/o Sector-1, Sadak No.8, Block No. 13d, Bhilai, Tahsil And District Durg (C.G.)

7 - Prasunna Jha Aged About 44 Years, R/o Sector-1, Sadak No.8, Block No. 13d, Bhilai, Tahsil And District Durg (C.G.)

... Respondent(s)

(Cause title taken from CIS)

For Petitioner(s) : Shri Roshan Dubey, Advocate.

Hon'ble Shri Bibhu Datta Guru , Judge

Order on Board

01.12.2025

1. By way of the present transfer petition, the petitioner seeks transfer of MJC Criminal Case No. 587/2024, presently pending before the Court of the Judicial Magistrate First Class, Durg, District Durg (C.G.), to the Court of the Judicial Magistrate First Class, Bilaspur, District Bilaspur (C.G.).

2. The ground urged is that the respondents, who are the husband and in-laws of the petitioner, have been extending threats of dire consequences to her whenever she appears before the trial Court at Durg. It is further submitted that the petitioner has initiated a proceedings under Sections 12, 17, 18 and 19 of the Protection of Women from Domestic Violence Act, 2005 against the respondents, and she has to appear before the learned trial Court, because of the alleged criminal act of respondents & threat given by them, the petitioner is not able to appear before the concerned Court, because of threat and fear. Despite her making repeated representations before the higher Police authorities and the Collector, District Durg, no action has been taken against respondents. Due to these alleged threats, the petitioner apprehends danger to her life and liberty while attending Court proceedings at Durg and for which the petitioner is seeking transfer of proceeding from Durg District.

3. I have heard learned counsel for the petitioner and perused the record placed on file.

4. Upon scrutiny of the documents annexed with the petition, and upon a specific query made to the petitioner during the course of hearing, it has been stated that no formal complaint has been lodged before the concerned Police Station regarding the alleged incidents of threats said to have been made by the respondents/in-laws at the time of Court appearances.

5. Having considered the submissions advanced on behalf of the petitioner, the grounds urged in support of the transfer of the case and the material available on record, this Court finds no sufficient or tenable ground to conclude that a genuine and immediate threat exists so as to warrant transfer of the proceedings from Durg to Bilaspur. The petitioner has not invoked the jurisdiction of the local Police Station with respect to the alleged threats, and in absence of such foundational material, the apprehension expressed does not inspire confidence to justify exercise of transfer jurisdiction.

6. Accordingly, this Court is of the v