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Neutral Citation No. - 2025:AHC:60160 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 631 of 2024 Applicant :- Banti Opposite Party :- State of U.P. Counsel for Applicant :- Mashaluddin Shah Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 B.N.S.S., 2023 to challenge the order dated 3.9.2024 passed by Sessions Judge, Firozabad in Sessions Trial No. 705 of 2022, titled State Vs. Banti, arising out of Case Crime No. 122 of 2022, under Sections 323, 452, 376, 511 I.P.C. and Section 3(2)5 SC/ST Act, Police Station Tundla, District Firozabad, whereby his transfer application has been dismissed. Applicant also seeks transfer of Sessions Trial No. 705 of 2022, pending before the Additional Sessions Judge, Firozabad to some other court of competent jurisdiction, at Firozabad. No one has appeared on behalf of applicant. Learned A.G.A. is present. Accused-applicant has prayed for transfer of the subject case pending before Additional Sessions Judge, Firozabad to any other court of competent jurisdiction in the same district on the ground that he has lost trust in the presiding officer, who proceeded to dismiss his bail application and insisted for addressing final
arguments. As per the averments contained in the application, the accused-applicant apprehends that the verdict is likely to lean in favour of the prosecution, therefore, an application was moved before the Sessions Court for transfer of the case, but the same has also been dismissed erroneously vide order dated 3.9.2024. Upon perusing the contents of the application, particularly the stage of trial, which is at the final stage as the statement of accused under Section 313 Cr.P.C. also stands recorded, the trial court was right in refusing the bail to the applicant as the trial is near its conclusion. The apprehension expressed by the accused-applicant is without any basis and his application seeking transfer of the trial has been rightly dismissed by the Sessions Judge, Firozabad, therefore, no case is made out for transfer of the case. The application is dismissed.
Order Date :- 22.4.2025/P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad