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Judgment
Heard Mr. Vijay Shankar Mishra, learned counsel, appearing for the petitioners.
This transfer petition has been filed under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Misc. Criminal Case No. 204/2026, arising out of an application filed by the respondent under Section 12 of the Protection of Women from Domestic Violence Act, 2005, pending before the learned Family Court, Sakti, District Janjgir-Champa (C.G.), to the learned Family Court, Korba, District Korba (C.G.).
Learned counsel appearing for the petitioners submits that the present transfer petition has inadvertently been filed under Section 24 of the CPC, whereas the appropriate provision for seeking such transfer is Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). He, therefore, prays that he may be permitted to withdraw this transfer petition with liberty to avail the appropriate remedy available under law.
In view of the aforesaid submission, the prayer is allowed.
Accordingly, this transfer petition is dismissed as withdrawn, with liberty as prayed for.
A copy of Annexure A-1 be returned to learned counsel for the petitioners after retaining a photocopy of the same on record.