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Neutral Citation No. - 2025:AHC:142561 Court No. - 81
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 690 of 2024
Applicant :- Sanju Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- Abhishek Kumar Yadav,Ashutosh Upadhyay,Daya Shanker Yadav,G.A.
Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 407 Cr.P.C. seeking transfer of Sessions Trial No. 183 of 2019, arising out of Case Crime No. 819 of 2018, under Sections 323, 324, 504, 506 I.P.C. and Section 3(1)(X) SC/ST Act, Police Station Gunnour (Now Junabai), District Sambhal, pending in the court of Additional Sessions Judge/ Special Judge (SC/ST Act), Sambhal at Chandausi to the court of competent jurisdiction at Aligarh or any other nearby district.
Learned counsel for the applicant has argued that the reader of the court where the trial is pending is resident of the same village where the opposite party nos.2 to 5 reside and one Hari Ram Maurya an acquaintance of the accused is relative of reader, who is also neighbour of opposite party no.2.
Learned counsel submits that the opposite party nos. 2 to 5 are likely to be acquitted as on 10.10.2024, the applicant had seen the opposite party no.2 with the reader of the court, who were coming out of the chamber of presiding officer of the trial court, and the informant-applicant overheard their conversation relating to their acquittal. In this background, it is apprehended by the applicant that he may not get justice, therefore, he prays for transfer of the case. After hearing the learned counsel for the applicant and considering his
submissions, this Court does not find any merit in the ground raised for transfer of the trial as the application is founded upon only bald averments and no supportive material has been brought on record to substantiate the grounds pleaded for transfer of the trial. Even if, it is assumed for the sake of
arguments that the reader of the court belongs to the village of opposite party nos.2 to 5, even then it cannot be believed that the accused would be able to influence the presiding officer of the trial court. Now a days, it has become a tendency of some of the litigants to suspect the functioning of the court as biased, as they presume that the court may lean
in favour of the rival party, but such kind of vague grounds cannot be accepted as reasonable foundation for transfer of pending judicial proceedings. In the considered opinion of this Court such kinds of baseless transfer petitions must be discouraged. Resultantly, no case is made out for transfer of the case, and the application is hereby dismissed.
Order Date :- 19.8.2025 Raj TACR No. 690 of 2024 2 Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad