Neutral Citation No. - 2025:AHC:77328 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 118 of 2025 Applicant :- Haracharan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devashish Tripathi,Rajesh Mani Tripathi Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 of B.N.S.S., 2023 seeking transfer of Case No.1268 of 2018, titled State Vs. Haracharan & others, under Sections 323, 504, 506, 427 IPC, Police Station Khair, District Aligarh, pending in the court of Judicial Magistrate, Igalas, Aligarh to any other competent court of jurisdiction at Aligarh. Accused- applicant seeks transfer of the trial on the ground that his application under Section 311 Code of Criminal Procedure for recalling P.W.1 for re- examination has been dismissed vide order dated 4th March, 2020. Learned counsel has drawn the attention of the Court to the transfer application moved before the Chief Judicial Magistrate, Aligarh and submitted that the Chief Judicial Magistrate erroneously dismissed the transfer application. He prays the transfer of the case. A perusal of the paper book would reveal the application for transfer was moved on 17th March, 2020 and the same was dismissed on 26th April, 2022, as no one had appeared to press the application. The trial court noticed continuous absence of the applicant and proceeded to dismiss the same for non- prosecution. Further, during the course of hearing, it is fairly stated by learned counsel that the order dated 4th March, 2020 dismissing his application under Section 311 Cr.P.C. has not been challenged. The above background would show that the order dated 4 March, 2020 has been accepted by the applicant- accused and the present application before this Court has been filed after a long delay which has not at all been explained. Thus, in the facts and circumstances of the case, it is clear that the applicant has misused the process of law and wastage the precious time of the Court, therefore, this Court finds it to be a fit case for burden the applicant with costs. Resultantly, this application is dismissed with costs of Rs.30,000/-, to be deposited within one month before the Registrar General, High Court, Allahabad, who will thereafter forward the same to the High Court Legal Services Committee. Order Date :- 12.5.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad