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2025 Supreme(Online)(SC) 9899

SUPREME COURT OF INDIA
M.M. SUNDRESH, SATISH CHANDRA SHARMA, JJ
GEHNA ANAND – Appellant
Versus
PRADEEP KUMAR – Respondent
Transfer Petition (Criminal) No.340/2025



Advocates:
For the Appellants/Petitioners: Himmat Singh, Amanpreet Singh, Nimisha Menon

The court, under Section 447 of the relevant statute, has the authority to transfer cases to serve the interests of justice.

Headnote:Under Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks to transfer case MJC-R No. 796 of 2022 from Family Court, Gwalior to Chief Judicial Magistrate, UT Chandigarh. The court finds that transfer serves the interest of justice and accordingly allows the petition. Key issues were the necessity for physical appearance exemptions and video conferencing for the petitioner. The Transfer Petition is allowed as per the signed order.

Table of Content
1. court's authority to transfer cases under specified statute. (Para 1)
2. completion of service and no appearance from respondent noted. (Para 2)
3. transfer serves the interest of justice. (Para 3)
4. final decisions on transfer and administrative directions. (Para 4)

O R D E R

1. This Transfer Petition has been filed by the petitioner under Section 447 of the Bharatiya Nagarik Suraksha Sanhita , 2023 seeking transfer of case bearing MJC-R No. 796 of 2022, titled “Gehna Anand Vs. Pradeep Kumar”, pending before the Additional Sessions Judge, Family Court, Gwalior, Madhya Pradesh to the Chief Judicial Magistrate, District Court, UT Chandigarh.

2. As per Office Report dated 08.10.2025, service on respondent is complete. However, no one has entered appearance on behalf of the respondent. We have heard learned counsel for the petitioner.

3. Having considered the circumstances in their totality, this Court is of the view that, in the interest of justice, transfer of the proceedings, as prayed for, is warranted.

Signature Not Verified

4. Accordingly, this Transfer Petition is allowed and Digitally signed by Nirmala Negi Date: 2025.10.18

12:44:32 IST Reason:

the aforesaid case is hereby transferred to the Chief Judicial Magistrate, District Court, UT Chandigarh.

5. It shall be open to the respondent to seek exemption from appearing physically unless it is so warranted by the Trial Court and equally, it shall be open to the petitioner to request for appearance through video conferencing.

6. The records of the case be transferred to the Transferee Court, promptly and without any delay. 7. All pending applications stand disposed of.

…………………………………………………………………J.

[M.M. SUNDRESH]

…………………………………………………………………J.

[SATISH CHANDRA SHARMA]

NEW DELHI;

9th OCTOBER, 2025.

ITEM NO.7 COURT NO.6 SECTION II-E S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition(s)(Criminal) No(s). 340/2025 GEHNA ANAND Petitioner(s)

VERSUS PRADEEP KUMAR Respondent(s)

IA No. 97647/2025 - EX-PARTE STAY Date : 09-10-2025 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) Mr. Himmat Singh, Adv.

Mr. Amanpreet Singh, Adv.

Ms. Nimisha Menon, AOR For Respondent(s)

UPON hearing the counsel the Court made the following

O R D E R

1. The transfer petition is allowed in terms of the signed order, which is placed on the file.

2. Pending application(s), if any, shall stand disposed of. (NIRMALA NEGI) (POONAM VAID)

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