Neutral Citation No. - 2025:AHC:142215 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 781 of 2023 Applicant :- Mithilesh Kumari Opposite Party :- State Of U.P. And 5 Others Counsel for Applicant :- Hirdesh Kumar Yadav,Sushma Yadav Counsel for Opposite Party :- G.A.,Kailash Nath Hon'ble Manoj Bajaj,J. Applicant has filed this petition under Section 407 Cr.P.C. for transfer of Case No. 951 of 2016, titled State VS. Rajesh and 4 others, arising out of Case Crime No. 173 of 2006, under Sections 498-A, 323, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Khutahan, District Jaunpur, pending before the Additional Civil Judge (Junior Division), Jaunpur to the court of competent jurisdiction at Azamgarh. Learned counsel for the applicant has argued that the opposite party nos.2 to 6 are not appearing before the trial court and as the other cases arising out of the matrimonial dispute between the couple is pending at Azamgarh, therefore, it would be appropriate if, the present trial is also transferred from Jaunpur to Azamgarh. Upon hearing the learned counsel for the applicant and considering his submissions, this Court finds that the subject trial is more than a decade old and if, the accused are not appearing before the trial court, the complainant or the public prosecutor can take effective steps to secure their presence. That apart, the distance between two towns is only 80 kilometers and considering the nature of the case, which is based upon a police report, wherein the applicant is only a witness, this Court is not inclined to transfer of the trial to Azamgarh. The application fails and is hereby dismissed. Order Date :- 20.8.2025 P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad