Allowed

Smt. Abha Sahu v. Rameshwar Prasad Sahu

Chhattisgarh HC7 Apr 2022TPCR/4/2022

Case brief

AI extract

What is this about?

The single bench of the High Court of Chhattisgarh at Bilaspur allowed the transfer petition. The court transferred Complaint Case No. 2607/2021 from Chief Judicial Magistrate, Kabirdham to Chief Judicial Magistrate, Bilaspur, citing the petitioner's residence, financial constraints, and the nature of the dispute.

What did the court decide?

Complaint Case No. 2607/2021 pending before CJM Kawardha transferred to the Court of CJM Bilaspur; parties to appear on 12.04.2022.

Smt. Abha Sahu Vs Rameshwar Prasad Sahu — Civil Procedure and Limitation | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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TPCR No. 4 of 2022

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•Smt. Abha Sahu D/o Manharan Lal Sahu Aged About 38 Years Presently R/o Bangali Para, Street No. 3, New Sarkanda, P.S. Sarkanda, Bilaspur, District- Bilaspur, Chhattisgarh, ---- Petitioner

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Versus

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Rameshwar Prasad Sahu S/o Late Shri R.K. Sahu Aged About 66 Years R/o House No. 66/855, Sunder Nagar, Raipur, P.S.- D.D. Nagar, Raipur, District- Raipur, Chhattisgarh, ---- Respondent

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For Petitioner :Shri Bharat Gulabani, Advocate appears on behalf of Shri Amiya Kant Tiwari, Advocate For Respondent :Shri Ganesh Ram Burman, Advocate

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Hon'ble Shri Justice Sanjay S. Agrawal

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Order on Board

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07.04.2022

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By way of this petition, the petitioner seeks to transfer the Complaint Case No.2607/2021 pending before Chief Judicial Magistrate, Kabirdham (Kawardha) from Kabirdham to the Court of Chief Judicial Magistrate, Bilaspur.

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Learned counsel for the petitioner submits that the respondent is father-in-law of the petitioner and certain dispute arose in the family which ultimately led to filing of several cases and counter cases. He would submit that presently the petitioner being wife is residing separately along with her minor daughter at Bilaspur with her parents. He would further submit that the complainant has made certain complaints where-ever he was posted during his tenure and several cases are pending between the parties including the complaint case at Bilaspur and Raipur also. Therefore, the complainant who is now without any source of income and is residing with her aged parents at Bilaspur prays that the case may be transferred from Kawardha to Bilaspur as she has no means to incur the expenses. He further submits that no

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prejudice would be caused to the respondent if the case is transferred as the complainant has already prosecuted the said complaint.

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Learned counsel for the respondent opposes the argument and would submit that no valid reasons have been assigned to transfer the case to Bilaspur.

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Heard learned counsel for the parties.

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Having regard to the facts of this case, it appears that the father-in-law has filed a complaint case before Kawardha which is pending before the JMFC on the allegation that the petitioner herein has made a false complaint in the name of third party against him while he was in service and the said documents were signed by the petitioner/applicant herself, which is verified by the experts. The complaint was registered as Complaint Case No. 2607/2021 and is pending before the criminal court. It is not disputed that like nature of cases are pending before the authorities who had jurisdiction including another case at Belha.

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Considering the nature of dispute as also the fact that the petitioner as of now is staying separately at Bilaspur from her husband, no prejudice would be caused if the case is transferred to the Court of Judicial Magistrate, Bilaspur. Since the respondent is prosecuting another case in jurisdiction of Bilaspur and looking to the financial status of the petitioner who is at present staying with her parents along with her minor daughter, it is hereby ordered that Complaint Case No. 2607/2021 pending before the CJM Kawardha shall stand transferred to the Court of CJM Bilaspur. The parties shall appear before the Court of CJM, Bilaspur on 12^th April, 2022.

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Accordingly, the petition is allowed.

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Sd/-

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( Sanjay S. Agrawal)

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Anjani

Smt. Abha Sahu v. Rameshwar Prasad Sahu

Case brief

What is this about?

What did the court decide?

Smt. Abha Sahu v. Rameshwar Prasad Sahu

Case brief

What is this about?

What did the court decide?

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