HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Transfer Application No. 28 of 2025 Smt. Khurshida and Others ….....Applicants Versus State of Uttarakhand and Others ….….Respondents Present:- Mr. Kaushal Sah Jagati, Advocate for the applicants. Mr. V.S. Rawat, A.G.A. for the State. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) By means of the instant application under Section 447 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (“the BNSS”), the applicants seek transfer of Criminal Case No.2424 of 2022, State Vs. Meraj Hussain and Others (“the case”), pending in the court of the Family Court, I Judicial Magistrate, Haldwani, District Nainital, to place like Kashipur, District Udham Singh Nagar or Ramnagar, District Nainital, or at any other place. 2. Heard learned counsel for the parties and perused the record. 3. The case is based on an FIR lodged by the respondent no.4, Smt. Aaliya Yusuf, against the applicants and others, under Section 323,498-A, 504, 506 IPC and Section ¾ of the Dowry Prohibition Act, 1961, which is lodged as FIR No.348 of 2021, Police Station Bhanbhulpura, District Nainital. After investigation, chargesheet has been submitted and cognizance taken, which is the basis of the case. 4. It is the case of the applicants that the entire case is false; the father of the respondent no.4 is a Senior Practising Advocate at Haldwani; therefore the applicants fear for their life and believe that they will not get the fair trial in the present jurisdiction due to the influence of the respondent no.4 and her associates. 2 5. The applicants have also enclosed the order sheet of the case, which reveals that, in fact, the applicant no.1, Smt. Khurshida, is not appearing in the case, and Non-Bailable Warrants and notices to her sureties have also been issued. Record also reveals that, in fact, earlier the applicants had filed C482 No. 2290 of 2022, Mairaj Husain and others Vs. State of Uttarakhand and others, which was dismissed on 22.02.2023, and the Court had then observed that, “While, dismissing this C482 Application on its own merit, a liberty is left open for the applicants to surrender before the learned Court of Addl. Chief Judicial Magistrate, Haldwani, District Nainital..............”. 6. Transfer of a criminal case may not be resorted to on mere asking. There are various factors, which are to be considered before any criminal case is transferred. The relevant provisions are under Section 447 of the BNSS. 7. What is alleged in the instant case is that the father of the respondent no.4 is a Senior Advocate, hence the applicants apprehends that they may not get fair trial. This apprehension has no basis. Therefore, there is no reason to transfer the case at this stage. Accordingly, the criminal transfer application deserves to be dismissed. 8. The instant transfer application is dismissed. (Ravindra Maithani, J) 04.09.2025 Ravi Bisht