HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 684 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the opposite party no. 2 and perused the material on record. 2. The present application has been filed with a prayer to transfer the proceeding of Case No. 408 of 2023 (State Vs. Amit Kumar and Others), arising out of Crime No. 18 of 2023, under Section 498-A, 504, 506 IPC and 3/4 D.P. Act, Police Station Salempur, District Bulandshahr, from district Bulandshahr to competent jurisdiction at district Kannauj, pending in the Court of Additional Civil Judge (Sr. Division)/Additional Chief Judicial Magistrate, Court No. 2, District Bulandshahr. 3. Learned counsel for the applicant states that the present transfer application has been moved on the ground that the father of the applicant is an old age person and the distance between Bulandshahr and Kannauj is about 300 kilometers. The applicant is facing hardship in attending the court at Bulandshahr. Learned counsel for the applicant has further submitted that there are two cases one filed under Section 125 Cr.P.C. bearing Case No. 22/12/2023 (Bhawana Vs. Amit) before the Principal Judge, Family Court, Kannauj and another complaint case under Domestic Violence Act, numbered as 112 of 2023 pending in district court Kannauj and submits that since two cases are pending at district court Kannauj and the third case in question be transferred from Bulandshahr to Kannauj. 4. On the other hand, learned counsel for the opposite party no. 2 states that, the case which is being sought to be transferred from Bulandshahr to Kannauj is Case No. 408 of 2023 (State Vs. Amit Kumar & Others) arising Versus Counsel for Applicant(s) : Abhinav Dwivedi Counsel for Opposite Party(s) : Chandan Bhagat, G.A. Smt Bhawana .....Applicant(s) State Of Up And 3 Others .....Opposite Party(s) out of Case Crime No. 18 of 2023, under Sections 498-A, 504, 506 IPC and 3/4 Dowry Prohibition Act. Learned counsel for the opposite party no. 2 further states that in the present Case Crime No. 18 of 2023 pending at Bulandshahr, the statement of PW-1-victim has already been recorded and the statement of her father PW-2 namely Pyare Lal has also been recorded and the trial has commenced. Learned counsel for the opposite party no. 2 has submitted that no purpose would be served, if the case is transferred midway of trial. Learned counsel for the opposite party no. 2 has next submitted that the father of the applicant namely Pyare Lal has also filed a complaint as Complaint Case No. 11983 of 2024 (Pyare Lal Vs. Amit) stating therein that Pyare Lal is a resident of Bulandshahr, the said case has been filed by the choice and free will of the father of the applicant, once the father of the applicant has chosen jurisdiction at Bulandshahr, showing him to be the resident of Bulandshahr, then cannot seek transfer of the case from Bulandshahr to Kannauj. 5. Having regard to the submissions made by the learned counsel for the respective parties, the trial in the present case has already been commenced and two witnesses have been examined, no purpose whatsoever would be served for transferring the case. So far as, the question of threat is concerned, the statements of victim as well as her father has also been completed, and other witnesses are the formal in nature and therefore, the question of threat has become minimum, if that was so, it was only a question of convenience/inconvenience and the distance between the two stations is not a ground to transfer the case from one district to another district, though the applicant's father has invoked the jurisdiction of the court at Bulandshahr in Complaint Case No. 11983 of 2024, no other ground is available to the applicant to transfer the case from Bulandshahr to Kannauj. 6. The present transfer application is devoid of merit and is accordingly dismissed. September 8, 2025 Vikram TACR No. 684 of 2024 2 (Harvir Singh,J.) Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad