Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 133 of 2025 Court No. - 73 HON'BLE SAMEER JAIN, J.
1. Heard Sri Sita Ram Patel, learned Advocate holding brief of Sri Kapil Tyagi, learned counsel for applicant and Sri Shatruhan Yadav, learned AGA for the State. 2. The instant transfer application has been filed by the applicant with a prayer to transfer the Session Trial No. 190 of 2017 (State Vs. Lala @ Vijay and others), arising out of Case Crime No. 77 of 2017, under Sections 307, 504, 506 IPC, Police Station Kakod, District Bulandshahar pending in the court of Additional District and Sessions Judge, Court No.12, Bulandshahar to another competent court of same judgeship. 3. Learned counsel for applicant submits, applicant is the complainant of the case and he filed instant transfer application with a prayer to transfer the trial of the case from the court of Additional District and Sessions Judge, Court No.12, Bulandshahar to any other competent court in the same judgeship. 4. He further submits, when applicant filed transfer application before Sessions Judge then vide order dated 17.02.2025 his transfer application has been dismissed. He further submits, applicant is having apprehension that he will not get justice from the court of Additional Sessions Judge, Court No.12, Bulandshahar. 5. He further submits, there is rumor in the village that accused persons have managed the Presiding Officer and accused persons also recently sold the property in Rs. 6,70,000/- and therefore considering this fact the possibility of foul play cannot be ruled out. 6. He further submits, in the interest of justice and for fair trial it is necessary to transfer the proceedings of the case from the court of Additional Sessions Judge, Court No.12, Bulandshahar to any other court. 7. Per contra, learned AGA opposed the prayer and submits, on the basis of ground taken by the applicant if this Court allows the instant transfer application then this Court not only open the Pandora's Box but by the transfer order passed by this Court Versus Counsel for Applicant(s) : Kapil Tyagi Counsel for Opposite Party(s) : G.A. Nempal Singh .....Applicant(s) State Of U.P. And 5 Others .....Opposite Party(s)
even the Presiding Officer will be demoralized. 8.
He further submits, vide order dated 17.02.2025 Sessions Judge with a very detailed and reasoned order dismissed the transfer application filed by the applicant and considering the facts of the case and observation made by the Sessions Judge, the instant transfer application should be dismissed. 9. I have heard both the parties and perused the record of the case. 10. Applicant is informant of the case and he filed instant transfer application to transfer the case from the court of Additional Sessions Judge, Court No.12, Bulandshahar to any other court in the same judgeship and when he filed the transfer application before Sessions Judge then Sessions Judge vide order dated 17.02.2025 dismissed his transfer application. 11. In the transfer application applicant taken the ground that accused persons have managed the court where trial of the case is pending and one of the accused also sold the property and therefore applicant is not having hope to get justice in the present matter from the court of Additional Sessions Judge, Court No.12 Bulandshahar. 12. This Court finds merit in the argument advanced by learned AGA that on the basis of such allegation transfer application could not be allowed and by allowing the same this Court not only will open the Pandora's Box but by the transfer order passed by this Court even the Presiding Officer will be demoralized and in view of this Court Sessions Judge rightly dismissed the transfer application of the applicant. 13. Therefore, considering the facts and circumstances of the case discussed above, in view of this Court, there is no good ground on the basis of which it can be said that there is no chance of fair trial before Additional Sessions Judge Court No.12, Bulandshahar. 14. Accordingly, the instant transfer application is devoid of merits and is hereby dismissed.
October 14, 2025 AK Pandey TACR No. 133 of 2025 2 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad