Neutral Citation No. - 2025:AHC:58512 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 653 of 2024 Applicant :- Bhagwan Devi And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Kumar Mishra,Rajneesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicants-Accused-Bhagwan Devi and Ishu have filed this petition under Section 447 B.N.S.S. for transfer of Sessions Trial No. 07 of 2019; titled State vs. Narendra Singh and others, under Section 376, 506 IPC, Section 3/4 Protection of Women from Domestic Violence Act, 2005 and Section 3(2), 5(A) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Banna Devi, District Aligarh, as their prayer for transfer of the trial has been dismissed by the Sessions Judge, Aligarh vide order dated 30th September, 2024. Today, no has appeared on behalf of the applicant to argue the case. A reading of the averments in paper book would indicate that the applicants-accused had moved an application under Section 311 Code of Criminal Procedure for recalling few prosecution witnesses for their cross-examination, and this annoyed the Presiding Officer, therefore, it is apprehended by the applicant that the trial court is likely to convict the applicants. The prayer for transfer of the case has also been dismissed by Sessions Judge, Aligarh vide order dated 30th September, 2024. On this sole ground, the transfer of the case has been prayed for, but a reading of the order dated 30th September, 2024 reveals that the application filed under Section 311 Cr.P.C. was dismissed by the trial court, and there is nothing on record to show that the said order was ever challenged by the applicants. Besides, the statements of the accused under Section 313 Cr.P.C. has also been recorded, therefore, no ground is made out for transfer of the case. Resultantly, the application fails and is hereby dismissed. Order Date :- 21.4.2025/Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad