HIGH COURT OF CHHATTISGARH AT BILASPUR
RITESH CHANDRAKAR – Appellant
Versus
STATE OF CHHATTISGARH – Respondent
TPCR No. 7 of 2026
| Table of Content |
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| 1. justification for the transfer of under-trial prisoners to a higher security facility based on security needs and judicial permission. (Para 5 , 6) |
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others) are under trial in Sessions Trial No. 55/2025 (under Sections 103(1), 238(A), 61(2)(A), 3(5), 239 and 249 of the Bharatiya Nyaya Sanhita) pending before the Court of the learned Additional Sessions Judge, South Bastar, Dantewada. The accused persons are presently lodged in Central Jail, Jagdalpur, having been transferred from Sub-Jail, Bijapur.
5. It is respectfully submitted that, the letter dated 13.01.2025 seeking transfer of the accused persons was issued by the Assistant Superintendent, Sub-Jail Bijapur, the senior most uniformed jail officer posted in the Sub-Jail Bijapur, following the provisions of the Prisons Act, 1894 and the Chhattisgarh Jail Manual . The transfer was necessitated in view of security reasons, the case being sensitive in nature with significant media attention at that point of time, thereby requiring enhanced security arrangements and availability of security related infrastructural capacity, which were better ensured at Central Jail, Jagdalpur.
6. It is respectfully submitted that, prior permission of the learned Chief Judicial Magistrate, Bijapur, was duly sought as per the established procedure, since the accused persons were in judicial custody. It is submitted that no transfer of under trial prisoners is effected without the permission of the competent
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