HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 145 of 2025 Court No. - 73 HON'BLE SAMEER JAIN, J. 1. Heard Sri Ritik Mishra, learned Advocate holding brief of Sri Arvind Agrawal, learned counsel for applicant, Sri Dileep Kumar Yadav, learned counsel for opposite party no.2 and Sri Kunwar Tejandra Bahadur, learned AGA for the State. 2. The instant transfer application has been filed by the applicant with a prayer to transfer the proceedings of Special Session Trial No. 1457 of 2022, arising out of Case Crime No. 72 of 2022, under Sections 147, 148, 149, 302, 307, 504 IPC and Section 3(2)(v) SC/ST Act, Police Station Khairgarh, District Firozabad pending in the court of Special Judge SC/ST Act, Firozabad to any other competent court. 3. Learned counsel for applicant submits, applicant is accused in a criminal case and he is facing trial and proceedings of the case is pending before Special Judge SC/ST Act, Firozabad and he made a prayer to transfer his case to any other neighboring district on the ground that he is not having hope to get justice from the court where trial of the present case is pending. 4. He further submits, whenever applicant filed any application then Special Judge SC/ST Act, Firozabad used to dismiss his application. 5. He further submits, Special Judge SC/ST Act, Firozabad is having bias attitude towards applicant therefore, in the interest of justice it is necessary to transfer the case from his court to any other neighboring district. 6. Per contra, learned AGA as well as learned counsel for opposite party no.2 submitted that instant transfer application has been filed by the applicant only with intention to linger on the proceedings. They further submitted that trial of the case is at its last leg and dates are being fixed for Versus Counsel for Applicant(s) : Arvind Agrawal Counsel for Opposite Party(s) : Dileep Kumar Yadav, G.A. Surendra Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) final argument, therefore, at this stage, there is no reason to transfer the case from court of Special Judge SC/ST Act, Firozabad. They next submitted that even ground taken in the transfer application are vague, therefore, instant transfer application should be dismissed. 7. I have heard both the parties and perused the record of the case. 8. The instant transfer application has been filed by the applicant, who is accused on the ground that he is not having hope to get justice from the court of Special Judge SC/ST Act Firozabad where trial of the case is pending but the ground taken in the transfer application appears to be vague. 9. Further, it appears, trial of the case is at its last leg and dates are being fixed for final argument and when this fact discloses by learned counsel for opposite party no.2 during the course of argument then on query learned counsel for applicant also admitted this fact that trial of the case is at advance stage and dates are being fixed for final argument. 10. Considering above fact this Court finds merit in the argument advanced by learned AGA as well as learned counsel for opposite party no.2 that where trial of the case is at advance stage then transfer application should not be allowed. Even this view finds support from the case of Abhilasha Gupta Vs. Harimohan Gupta (2021) 9 SCC 730. 11. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant could not make any good ground on the basis of which his transfer application may be allowed. 12. Accordingly, the instant transfer application is devoid of merit and is hereby dismissed. October 14, 2025 AK Pandey TACR No. 145 of 2025 2 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad