Dismissed¶21

Chanda Devi v. the State of Jharkhand

Jharkhand HC11 Dec 2025Tr.Pet.Crl/13/2025

Case brief

AI extract

What is this about?

High Court of Jharkhand dismisses transfer petition under Section 447 BNSS 2023 seeking transfer of G.R. Case No.1673 of 2023 (Giridih P.S. Case No.132 of 2020; Sections 385, 500, 501, 502/34 IPC) from the JMFC, Giridih to Garhwa; grounds of litigant convenience, travel hardship and alleged risk of unfair trial before a case founded on a judicial officer's complaint rejected; opposite party No.2 already transferred out of Giridih; order dated 11.12.2025 by Justice Pradeep Kumar Srivastava.

What did the court decide?

The main ground sought for transfer of the case from Giridih to Garhwa is the convenience of the petitioner, overlooking the hardship to opposite party No.2, who would have to travel from his present place of posting to Garhwa District, hampering his judicial work. ¶20

Chanda Devi Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

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2025:JHHC:37255

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Transfer Petition (Criminal) No.13 of 2025

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Chanda Devi aged 41 years, Wife of Ram Angesh Paswan; Present address at Township Bhawnathpur, P.O. + P.S. – Bhawnathpur, & District – Garhwa. Permanent Address: Navdihva Tola, P.O. – Majhganwan, P.S. – Bhawnathpur, & District – Garhwa.

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… Petitioner

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Versus

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The State of Jharkhand

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Md. Naeem Ansari Son of Phool Mohammad; Resident of D/5, Officers’ Colony, Whitty Bazar, Giridh, P.O. – Giridih, P.S. – Giridih (Town) & District – Giridih.

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… Opp. Parties

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Coram: HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA

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For the Petitioner : Mr. Gopal K. Sinha, Adv. For the State : Mr. Rajneesh Vardhan, A.P.P. For the Opp. Party No.2 : Mr. Mahesh Tewari, Adv.

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Order No.11/Dated- 11.12.2025

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1. The present transfer application under Section 447 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023 has been filed by the petitioner for transfer of G.R. Case No.1673 of 2023 registered under Sections 385, 500, 501, 502/34 of the Indian Penal Code arising out of Giridih P.S. Case No.132 of 2020 pending before the Court of Ms. S.K. Minz, Judicial Magistrate First Class, Giridih to the jurisdiction of Garhwa District Civil Court or to any other competent court within the State of Jharkhand.

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2. I have heard learned counsel for the petitioner as well as learned counsel for the opposite parties.

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3. It has been submitted by learned counsel for the petitioner that the Giridih P.S. Case No.132 of 2020 dated 11.07.2020 (G.R. Case No.1673 of 2023) was instituted under Sections 385, 500, 501, 502/34 of the I.P.C. against the petitioner and others on the basis of written application filed by opposite party No.2, the then Sub-Judge posted at the Civil Court, Giridih. It is further submitted that the petitioner has lodged S.C./S.T. Case

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2025:JHHC:37255

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No.32 of 2018 for the offences under Sections 354, 354A, 354D, 448, 385, 506 of the I.P.C. and Section 3(1)(w)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Attrocities) Act, 1989 which is pending before the Court of Additional Sessions Judge-I, Garhwa. The opposite party No.2 has instituted the case in Giridih against the petitioner as a counter blast to the aforesaid case. The petitioner being a resident of Garhwa is facing grave inconvenience and undue hardship to travel long distance to attend the Giridih Court in the case lodged by opposite party No.2. The petitioner also apprehends that she will not get fair trial of the case because the opposite party No.2 is Judicial Officer posted at Giridih. Therefore, it is necessary in the ends of justice to transfer the Giridih P.S. Case No.132 of 2020 instituted by the opposite party No.2 against the petitioner to the jurisdiction of District Civil Court, Garhwa or any other District in the Jharkhand.

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4. On the other hand, learned counsel for the opposite party No.2 opposing the aforesaid contentions has submitted that the petitioner is a notorious litigant and has instituted several cases not only against the opposite party No.2 Judicial Officer but also other reputed persons and officers in Garhwa. The opposite party No.2 has also been transferred from Giridih to another District. Therefore, there is no apprehension of influencing the trial at the hands of opposite party No.2 mere convenience of a litigant although woman cannot furnish the valid ground for transfer of the case.

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5. I have considered the rival contentions of the parties. In view of submissions of the parties, it is crystal clear that a case has been instituted by the petitioner against the opposite party No.2 while he was posted there as Secretary, District Legal Services Authority (D.L.S.A.). Thereafter, he was transferred to Giridih District and he was also facing departmental inquiry. The case instituted by the opposite party No.2 against the

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2025:JHHC:37255

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petitioner and others is still pending before the Civil Court Giridih but the opposite party No.2 has been transferred to another District. It appears that the main ground sought for transfer of the case from Giridih to Garhwa is convenience of the petitioner overlooking the hardship of opposite party No.2 who travel from his present place of posting to Garhwa District hampering his judicial work. Therefore, I do not find any substance in the prayer of transfer of the G.R. Case No.1673 of 2023 to the District Civil Court, Garhwa at the instance of petitioner which stands rejected.

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6. The present transfer petition stands dismissed.

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(Pradeep Kumar Srivastava, J.)

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Dated: 11^th December, 2025 Sachin/ Uploaded on: 12/12/2025

Chanda Devi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

Chanda Devi v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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