Transfer of a criminal trial under Section 447 BNSS requires evidence that a fair trial is impossible or it's expedient for justice; mere logistical inconvenience or general security apprehensions, especially when video conferencing is available, are insufficient grounds.

Order on Board

1. Heard Mr. Sushil Dubey, learned counsel for the petitioner. Also heard Ms. Vaishali Mahilang, learned Deputy Government Advocate, appearing for respondent No.1/State.

2. The present petition under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”) seeks transfer of Sessions Trial No. 55/2025 from the Court of Additional Sessions Judge, District – South Bastar Dantewada to the Court of District and Sessions Court Bastar-Jagdalpur.

3. Brief facts necessary for the case according to the petitioners is that the petitioners are accused in Crime No. 170/2025 registered at Police Station Bijapur, District Bijapur, for offences punishable under Sections 103(1), 238(a), 61(2)(a), 239, 249 and 3(5) of the BNS, 2023, in connection with the murder of Mukesh Chandrakar. After completion of investigation, the police filed charge-sheet before the Court of Chief Judicial Magistrate, Bijapur, and subsequently, charges were framed by the Court of Additional Sessions Judge, South Bastar Dantewada on 12.08.2025, whereafter the trial commenced. During the pendency of trial, considering the sensitivity of the case and security concerns, particularly as the deceased was a news reporter, the Jail Superintendent, Sub-Jail Bijapur, sought permission for transfer of the petitioners to another jail for safety and administrative reasons, which was allowed by the Chief Judicial Magistrate, Bijapur, vide order dated 13.01.2025, directing their transfer to Central Jail Jagdalpur, District Bastar.

4. Learned counsel for the petitioner submits that the Sessions Trial No. 55/2025 (State of C.G. v. Ritesh Chandrakar & Ors.) is presently pending before the learned Court of Additional Sessions Judge, South Bastar Dantewada, and the petitioners/accused persons are lodged in judicial custody at Central Jail Jagdalpur, District Bastar. The petitioners were transferred from Sub-Jail Bijapur to Central Jail Jagdalpur vide order dated 13.01.2025 passed by the learned Chief Judicial Magistrate, Bijapur, on account of their safety as well as for proper jail administration. He further submits that the distance between Jagdalpur (District Bastar) and South Bastar Dantewada is more than 80 kilometers, and for every date of hearing, the administration is required to transport the petitioners over such a long distance, causing logistical difficulties and security concerns during transit.

5. Learned counsel for the petitioners submits that the petitioners have a reasonable apprehension that any untoward incident may occur during their transit to South Bastar Dantewada, thereby putting their safety at risk. In view of the same, it is just, proper, and expedient in the interest of justice, safety, and effective administration that Sessions Trial No. 55/2025 (State of C.G. v. Ritesh Chandrakar & Ors.) be transferred from the Court of Additional Sessions Judge, South Bastar Dantewada to the Court of District and Sessions Judge, Bastar Jagdalpur. He later submits that the said transfer is beneficial for all the witnesses including the complainant as they belong to Bijapur and there will be easy access to the trial Court at Jagdalpur to conclude the same expeditiously.

6. Learned counsel appearing for State/respondent No.1 opposes the submission advanced by learned counsel for the petitioners.

7. I have heard learned counsel for the petitioners and perused the materials available on record.

8. In compliance of the Court’s ord