HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 685 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the opposite party no. 2. 2. The present Transfer Application has been filed to transfer the Complaint Case No.1634 of 2019, Pankaj vs. Ms. Kubumbh Builders, under sections 420, 467, 468 and 120(b) IPC in the appropriate Court of jurisdiction, which is pending in the Court of Chief Judicial Magistrate. 3. The applicant is aggrieved by the order dated 16.10.2024 by which, the learned District Judge has rejected the transfer application of the applicant. The grievance of the applicant is that his case be not listed and tried by the Court of Chief Judicial Magistrate, irrespective of the Presiding Officer and is aggrieved by the office of the Court of Chief Judicial Magistrate and has alleged that the Presiding Officer is biased and unfair and acting in a partial manner. 4. On the other hand, learned counsel for the opposite party no. 2 states that the opposite party against whom the present transfer application has been moved, has been discharged by the learned Chief Judicial Magistrate, vide order dated 20.03.2025 and there is no force in the present transfer application, as cause of action does not survive at all. 5. Learned counsel for the applicant states that he did not challenge the order dated 20.03.2024 in the Appellate/Revisional Court by which, the opposite party no. 2 has been discharged. 6. Without going into the merits of the case at this stage, since, the opposite Versus Counsel for Applicant(s) : Ankit Shukla, Ratnesh Kumar Shukla Counsel for Opposite Party(s) : Arvind Srivastava Iii, G.A. Pankaj Chaudhary .....Applicant(s) State of U.P. and Another .....Opposite Party(s) party no. 2 has already stand discharged, the present transfer application has become infructuous and same is dismissed as having infructuous. September 8, 2025 Monika TACR No. 685 of 2024 2 (Harvir Singh,J.) Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad