Neutral Citation No. - 2025:AHC:78055 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 613 of 2024 Applicant :- Rehan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amber Khanna,Raj Kumar Khanna,Sandal Khanna Counsel for Opposite Party :- Ali Hasan,G.A.,Istiyaq Ali Hon'ble Manoj Bajaj,J. Applicants have filed this application under Section 407 Cr.P.C. for transfer of Sessions Trial No.1281 of 2017, arising out of Case Crime No.291 of 2017, Under Sections 302, 147, 148, 149, 120-B I.P.C., Police Station- Mugalpur, District- Moradabad, pending in the Court of Additional District & Sessions Judge, Court No.5, Moradabad to any other Court of competent jurisdiction at Amroha. Learned counsel for the applicants has argued that the present case relates to the murder of Jahangir and the same was committed by the co-accused Shahzad Alam wherein the applicants were falsely implicated, but during investigation, they were declared innocent. Learned counsel has pointed out that the applicants have been summoned as an additional accused in exercise of power under Section 319 Cr.P.C. who are now co-accused of Shahzad Alam. Learned counsel for the applicants has further pointed out that co- accused Shahzad Alam is already a convict in a case relating to the murder of the father of the applicant no.1, who is serving the life sentence, and he is also involved in number of other cases, therefore, the applicants have a genuine apprehension that he may harm them. Learned counsel for the applicants prays for transfer of the trial from Moradabad to any other Court of competent jurisdiction at Amroha. During the course of hearing, it is fairly stated by learned counsel that after summoning the applicants under Section 319 Cr.P.C. vide order dated 29.2.2020, the said order was challenged before this Court and the said petition was dismissed by this Court on 24.1.2024. The said order has been further upheld by the Apex court with the dismissal of special leave petition on 10.5.2024. After hearing the learned counsel and considering his submissions, this Court finds that the applicants even had not even put in appearance before the trial Court pursuant to their summoning under Section 319 Cr.P.C., when the present application for transfer of the case was filed on 30.9.2024. At this stage, learned counsel for the applicants has pointed out that the applicants are now confined in prison and their application seeking regular bail has also been dismissed. According to him, Shahzad Alam being a criminal minded person is likely to harm the applicants, therefore, he reiterates his prayer for separation of transfer of trial by separating the trial of the applicants with Shahzad Alam. The apprehension expressed by the applicant is not supported with any convincing material and that apart, all the accused are in custody, therefore, this Court is not inclined to transfer the case. The application is dismissed. Order Date :- 13.5.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad