HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 474 of 2025 Court No. - 73 HON'BLE SAMEER JAIN, J. 1. Heard Sri Naveen Kumar Srivastava, learned counsel for the applicants and Dr. S. B. Maurya, learned AGA-I for the State-respondent. 2. The instant application has been filed with a prayer to transfer the proceedings of Case Crime No. 58 of 2020, in case no. 1668 of 2020 & Sessions Trial No. 909 of 2021, under Sections 304-B, 498-A IPC and 3/4 D.P. Act, Police Station Sakit, District Etah, pending before Additional District and Sessions Judge, Court No. 1, Etah to another court of the District & Sessions Court of Etah, during pendency of the trial in the court below. 3. Learned counsel for the applicants submitted that applicants are facing trial of a criminal case relates to offence under sections 304-B, 498-A IPC and 3/4 D.P. Act and instant transfer application has been filed by them to transfer the trial of the case from the court of Additional Sessions Judge, court No. 1, Etah to any other court in the same sessions division. 4. He further submitted that applicants are having apprehension that from the court where at present trial of the case is pending they will not get justice as opposite party no. 2, the informant of the case is openly threatening them to influence the Court. 5. He further submitted that a specific ground in this regard has been made in para-13 of the affidavit filed in support to the present application. 6. He further submitted that applicants before approaching this Court filed transfer application before sessions court but vide order dated 15.9.2025 their transfer application has been dismissed. 7. He further submitted that right of fair trial is a right of every accused and as there is no hope of fair trial before the court where at present trial is pending, therefore, trial of the case should be transfer in any other court situated in same sessions division. 8. Per contra, learned AGA opposed the prayer and submitted that on such vague Versus Counsel for Applicant(s) : Naveen Kumar Srivastava, Sameer Srivastava Counsel for Opposite Party(s) : G.A. Gaurav Kumar And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) grounds which were taken by the applicants if this court transfer the matter from this court to another another court then this court not only open's the pandora's box but this court also demoralize the Presiding Officer before whom trial of the case is at present pending. 9. He further submitted that even from the order passed by the sessions judge dated 15.9.2025 it reflects, trial of the case is at last leg and therefore, at this stage, there is no need to transfer the case from one court to another. 10. He further submitted that therefore, instant transfer applicant is devoid of merit and it should be dismissed. 11. I have heard learned counsel for the parties and perused the record of the case. 12. Applicants are accused of a criminal case and they moved the instant transfer application with a prayer to transfer the case from the court where trial of the case is pending to any other court situated at same sessions division. From the Transfer Application filed by the applicant, it reflects that in para-13 following ground has been taken by the applicants:- "13. That the petitioners, being under reasonable apprehension regarding fairness of trial, had moved a Misc. Criminal Transfer Application No. 705/2025 before the learned Sessions Judge Court, Etah, District Etah inter alia on the grounds that threats were extended to the petitioners that the trial court stood influenced by the prosecution side and that a conviction was predetermined." 13. After considering the ground taken by the applicants this court finds merit in the arguments advanced by learned AGA that on such vague ground transfer application filed by applicants should not be allowed. 14. Further, this Court also finds merit in the argument advanced by learned AGA that if on such vague ground, transfer application is allowed then it will open pandor's box and it also may demoralize the Presiding Officer before whom trial of the case is pending. 15. Further from the order of the sessions court dated 15.9.2025 it reflects trial of the case is at advance stage. Considering this fact even in view of the observations made by Apex Court in the case of Abhilasha Gupta Vs. Harimohan Gupta (2021) 9 SCC 730 trial of the case should not be transferred. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, instant transfer application is devoid of merit and is hereby dismissed. October 14, 2025 Ankita TACR No. 474 of 2025 2 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad