Nafr High Court
Case Details
1 2025:CGHC:967 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR TPCR No. 19 of 2024 1 - Suman Rai S/o Shri Sunit Rai Aged About 30 Years R/o P.V. 46 Mahatma Gandhi Ward Pakhanjur, P.S. And Tehsil - Pakhanjur, Present Address - Bengali Camp Kirandool District - Dantewada, Chhattisgarh. 2 - Riya Rai W/o Suman Rai Aged About 26 Years R/o P.V. 46 Mahatma Gandhi Ward Pakhanjur, P.S. And Tehsil - Pakhanjur, Present Address - Bengali Camp Kirandool District - Dantewada, Chhattisgarh. 3 - Sunit Rai S/o Late Jageshwar Rai Aged About 61 Years R/o P.V. 46 Mahatma Gandhi Ward Pakhanjur, P.S. And Tehsil - Pakhanjur, Present Address - Near Sithla Mandir Bhardebhatha Kanker, District - North Bastar Kanker, Chhattisgarh.
Legal Reasoning
4 - Smt. Rina Rai W/o Sunit Rai Aged About 50 Years R/o P.V. 46 Mahatma Gandhi Ward Pakhanjur, P.S. And Tehsil - Pakhanjur, Present Address - Near Sithla Mandir Bhardebhatha Kanker, District - North Bastar Kanker, Chhattisgarh. --- Petitioners versus 1 - State of Chhattisgarh Through Public Prosecutor Kanker, District - North Bastar Kanker, Chhattisgarh. 2 - Avani Mandal S/o Late Nagendra Mandal Aged About 54 Years R/o P.V. - 89 Kanker, District - North Bastar Kanekr, Chhattisgarh. ---- Respondent For Petitioners For Respondent No.1/State For Respondent No.2 : : : Mr. Anuj Kumar Pandey, Advocate. Ms. Anikita Shukla, Panel Lawyer. Ms. Itu Rani Mukherjee, Advocate. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Hon'ble Shri , Chief Justice Ramesh Sinha Order on Board 07.01.2025 1. The present transfer petition has been filed by the petitioner with the following prayers: “ It is, therefore, prayed that the Hon’ble Court may kindly be pleased to allow the petition by modifying the impugned order dated 28.03.2024 passed by the Learned Session Judge Kanker, District – North Baster Kanker, and permit to transfer the criminal case No. 2194/2023 pending before learned JMFC, Bhanupratappur to Kanker, in the interest of justice. ” 2. The case of the prosecution, in brief, is that the applicant is Businessman and runs his business on the name of Suman Traders at Pakhanjur. on 10.06.2022 Shivam Vishwas, Manoj Majmudar, Suken along with so many ladies were come to residence of applicant and by entering his house started to making nuisance abusing and assaulting with the applicant's family members. Thereafter the wife of applicant has lodged a written complaint against them. Thereafter, with conspiracy on 30.07.2022 an F.I.R. has been lodged before Police Station Baande by a village farmer named as Avani Mandal against the petitioners by developing a false story that the petitioners have purchased maize and not paid balance amount of cost of said maize and then and there. Thereafter the Naxalite group also involved in this matter and made a huge pressure by threatening in different-different ways to the petitioners. Thereafter, a group on the name of agent by making ultimate pressure executed a consent agreement with petitioner No. 02 and petitioner No. 4 who are the wife and mother of petitioner No. 1 respectively and they received cheques and subsequently by returning the cheques, received cash by force on 23.06.2022. Thereafter the wife of petitioner has submitted a written complaint before Police Station Pakhanjur on 07.07.2022 about the threatening by Shivam Vishwas and 3 his assistants but police did not take any action on that application till today. Thereafter on 11.07.2022 she has submitted an application before I.G. Police for lodging F.I.R. against them but not any action taken on that. Thereafter on 12.07.2022 she has submitted an application before D.G.P. for the same. not only the agent pressurized but Police and Tahsildar also pressurized the petitioners to pay the amount. Therefore the petitioner No. 2 submitted an application on 11.07.2022 before I.G. Police about torturing by them, but not any action taken on that. Thereafter on 12.07.2022 she submitted applications before D.G.P. for the same. Thereafter the petitioner No. 2 also submitted an application on 12.07.2022 before Police Station Pakhanjur for their safety but no action has been taken by police regarding the protection. Instead of providing protection, Police and Tehsildar also involved in the conspiracy to make undue pressure. On 15.06.2022, they took the signature on blank paper of the petitioner No. 1 at Pakhanjur Police Station, regarding this the petitioner No. 2 has submitted an application to the S.P. Kanker on 20.06.2022 and subsequently another F.I.R has been lodged on 27.07.2022 against the petitioner No. 1 and petitioner No. 3 and on 30.07.2022 an F.I.R has been lodged against all the petitioners. Thereafter so many newspapers have published the news in decorated style regarding the F.I.R dated 30.07.2033. Thereafter, due threatening by the Naxalite and group of agents in the apprehension of danger of life the petitioners have left their house and took shelter from relatives, meanwhile they have been looted all things which were kept in their house, therefore, the petitioner No. 3 lodged an FIR before Police Station Pakhanjur but his statements have recorded at Kanker and Bhanupratappur because all the petitioners are not safe for coming to Pakhanjur. Not only in that case so many time when the requirement of appearance of the petitioners for statement, the petitioners appeared either before S.P. OfÏce Kanker or Bhanupratappur but not at Pakhanjur due to the 4 fear of danger of life and police has also co-operated all times. in TPCr No. 19/2023 this Court had directed to transfer the case of registered crime no. 76/2022 and Cr. Case no. 08/2023 from Judicial Magistrate First Class Pakhanjur District - North Bastar Kanker to Judicial Magistrate First Class Kanker, District North Bastar Kanker. 3. Learned counsel for the petitioner submits that earlier the petitioner No.1 had filed a transfer petition TPCR No. 19/2023 which has been allowed on 28.11.2023 and in which the petitioner was accused, and the copy of the order has been annexed with the petitioner as Annexure-P/11, and the said case was transferred from Pakhanjur to Kanker, the present case be also transferred from District - Pakhanjur (Bhanupratappur) to District – Kanker, so that the same may be decided expeditiously. It is further submitted that the learned Magistrate concerned has transferred the present case from Pakhanjur to Bhanupratappur. 4. Learned State counsel opposes the prayer and submission raised by the counsel for the applicant. 5. Learned counsel appearing on behalf of the respondent No.2 has no objection to transfer the case. 6. In view of the submissions made by learned counsel for the parties, it transpires that earlier the petitioner No.1 had filed a transfer petition TPCR No. 19/2023 which has been allowed on 28.11.2023 and in which the petitioner was accused, and the copy of the order has been annexed with the petitioner as Annexure-P/11, and the said case was transferred from Pakhanjur to Kanker, as it is stated that the learned Magistrate concerned has transferred the present case from Pakhanjur to Bhanupratappur, hence, it is directed that the learned JMFC, District - Bhanupratappur, shall transmit the record of the criminal case 5 No. 2194/2023, to the Court of learned JMFC, District - Kanker (C.G.) within a period of three weeks from the date of receipt of a copy of this order. 7. 8. Resultantly, this petition stands allowed. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar