Neutral Citation No. - 2025:AHC:77119 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 139 of 2025 Applicant :- Sukh Sagar @ Pilla And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Pandey,Vipul Pandey Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicants-Sukh Sagar @ Pilla, Mangla @ Vidhya Sagar, Kotwa @ Vijay Kumar, Chakra Nath and Danvendu have filed this petition under Section 447 Bhartiya Nagrik Suraksha Sanhita, 2023 for transfer of Sessions Trial No. 50 of 2009; titled State vs. Sukh Sagar and others, arising out of Case Crime No. 80 of 1994, under Sections 147/148/149/302 and 404 IPC, Police Station Lalapur, District Prayagraj pending before the Additional Sessions Judge, Court No. 2, Prayagraj to the court of Special Judge (E.C. Act) in the same district. Learned counsel for the applicants-accused has argued that the applicants faced protracted trial, wherein final arguments were addressed on 16th January, 2025 and the trial court had reserved the judgment. Learned Counsel submits that before the judgment could be pronounced, the Presiding Officer has been transferred from the said court and has been posted in the same district as Special Judge (E.C. Act), Prayagraj, therefore, the applicants had applied for transfer of the subject case before the same Presiding Officer, but the Sessions Judge, Prayagraj has dismissed the application vide order dated 21st February, 2025 (Annexure No. 4). Learned counsel prays that if, the trial is transferred before the same Presiding Officer, no prejudice would be suffered by the prosecution. He prays that the case be transferred before the Special Judge (E.C. Act), Prayagraj. Upon hearing the learned counsel and considering his submissions, this Court finds that indeed on 16th January, 2025, the final arguments in the cases were concluded, and it was fixed for 23rd January, 2025 for decision, but before 23rd January, 2025, the Presiding Officer was transferred and again the matter was listed for arguments on 23rd January, 2025. The zimni orders are on record as Annexure No. 2. Since, the Presiding Officer after transfer is posed in the same district, who not only had the advantage of noticing the demeanor of the witnesses and had heard the final arguments also, therefore, in these circumstances, this Court finds it to be a fit case for transfer of the case before the same Presiding Officer. The prosecution of the applicants-accused is based upon the police report, and during the course of hearing, learned State Counsel has not raised any effective objection to oppose the transfer of the case. As a result, the application is allowed and it is ordered that the record of the Sessions Trial No. 50 of 2009; titled State vs. Sukh Sagar and others, arising out of Case Crime No. 80 of 1994 be sent before the District Judge, Prayagraj for its entrustment to the same Presiding Officer, who after hearing the final arguments had fixed the case for delivery of judgment. Order Date :- 12.5.2025 Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad