Neutral Citation No. - 2025:AHC-LKO:28570 Court No. - 14 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 36 of 2025 Applicant :- Archana Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla Counsel for Opposite Party :- G.A.,Pramod Shukla Hon'ble Manish Kumar,J. 1. Heard. 2. The present application U/s 407 Cr.P.C. (Now 447 BNSS) has been filed with the following prayers: "For the facts, reasons and circumstances stated in the accompanying petition, it is most respectfully prayed that this Hon'ble court may kindly be pleased to transfer Sessions Trial No. 40/2019, 'State Vs Ajay Mishra' arising out of FIR No. 366/2018, under sections 147, 148, 149, 302, 452, 34 IPC, P.S Kudwar, District Sultanpur from Learned Additional Sessions Judge-1, Sultanpur to another court having jurisdiction, in the interest of justice. Further, this Hon'ble court may graciously be pleased to set aside and quash the impugned order dated 18/02/2025 passed in Criminal Misc. Case (Transfer Application) No. 556/2024, 'Archana Mishra Vs State of UP by Learned Sessions Judge, Sultanpur, whereby transfer application moved by the Applicant has been rejected on erroneous ground. Also, the Hon'ble court may kindly be pleased to stay the Sessions Trial No. 40/2019, 'State Vs Ajay Mishra' currently pending before Learned Additional Sessions Judge, Court No. 1, Sultanpur, arising out of FIR No. 366/2018, under sections 147, 148, 149, 302, 452, 34 IPC, P.S Kudwar, District Sultanpur, during the pendency of this application." 3. The brief facts of the case are that the applicant had moved an application on 11.12.2024 before the court concerned for transfer of the case i.e Session Trial No.40/2019 from the court of Additional Session Judge, Court No.1 Sultanpur to some other court or in the court of District & Sessions Judge, Sultanpur. 4. The reasons for transfer as mentioned in the transfer application preferred by the applicant are firstly, that the applicant has given an application for connection of Complaint Case No.600/2024 (Smt. Archana vs. Umakant Mishra and Ors), Under Section 498A, 307, 323, 504, 506 I.P.C. pending before learned Additional Chief Judicial Magistrate, Court No.21, Sultanpur alongwith the Session Trial No.40/2019, (State vs. Ajay Mishra), filed under Section 147, 148, 149, 302, 452, 34 IPC, and despite several applications given till date, the Presiding officer had not passed any order on the same and Secondly, on the ground that when the applicant had not appeared before the court concerned, non-bailable warrant was issued and when the applicant appeared the same was recalled after great difficulty. The District and Sessions judge has rightly rejected the application by passing the impugned order dated 18.02.2025 as the ground taken by the applicant in her application for transfer of the case i.e. Session Trial No.40/2019 from the court of Additional Session Judge, Court No.1 is on a frivolous ground just to give a bad name to the officer. 5. Learned A.G.A. has opposed the application and submitted that Judicial officers can discharge their judicial functions without fear or favour independently, and the officer should not be under constant threat of roving enquiries on the foot of vague allegations. In support of his submissions, learned A.G.A. has placed reliance upon the following judgments:- 1. Pramod Kumar Tiwari @ Lota Tiwari Vs. State of U.P. and another (U/s 407 Cr.P.C. No. 31 of 2021). 2. Chetak Construction Limited Vs. Om Prakash and others (1998) 4 SCC 577. 3. Kulwinder Kaur @ Kulwinder Gurcharan Singh vs Kandi Friends Education Trust (2008) 3 SCC 659 4. Rohit Yadav and another Vs. State of U.P. and another (2016) SCC Online All 3052 5. Usmangani Adambhai Vahora Vs. State of Gujarat and another (2016) 3 SCC 370. 6. Shreya Rastogi Vs. State of U.P. and another (Transfer Application No. 23 of 2025, judgment and order dated 18.04.2025) 6. Looking to the facts, circumstances of the case and discussion made hereinabove, no interference is called for and the application is liable to be dismissed. 7. It is, accordingly, dismissed. Order Date :- 15.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench