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Neutral Citation No. - 2025:AHC:53675 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 197 of 2025 Applicant :- Ramayan Singh Opposite Party :- State of U.P. Counsel for Applicant :- Sr. Advocate,Vinayak Varma Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 of B.N.S.S. for transfer of Sessions Case No.304 of 2022, arising out of Case Crime No.2666 of 2022, Under Sections 302, 147, 148, 149, 302, 504, 506, 427, 394, 411, 120B I.P.C. and Section 7 Criminal Law Amendment Act, Police Station- Lalganj, District- Basti to any other Court of competent jurisdiction in same district.
Learned counsel for the applicant has argued that the above- mentioned case was lodged by the applicant-complainant and the occurrence relates to the homicidal death of his uncle namely Jitendra Singh caused by accused Amit Singh @ Chotu and others. He submits that during trial proceedings, an application under Section 319 Cr.P.C. was moved for summoning Ramesh Bahadur Singh as an additional accused and the said application was opposed by the accused Amit Singh @ Chotu and the trial Court proceeded to dismiss the application vide order dated 20.3.2025. He submits that even before the decision of the application, the accused were celebrating as if, the decision has been delivered in their favour. That apart, learned counsel submits that the trial Court is pressurizing the applicant to compromise the case. Lastly, it is argued by Mr. Vinayak Varma, learned counsel for the applicant that certified copies of few orders were applied for, but the same
were not supplied as the case file remained in the chamber of the Presiding Officer. According to him, all these events have led to doubt about the fairness of the trial, therefore, it would be in the interest of justice, if, the pending trial is transferred to some other Court of competent jurisdiction. Upon hearing the learned counsel and considering his submissions, this Court does not find any merit in the application as the decision by the trial Court on an application under Section 319 Cr.P.C. could be challenged by the applicant, but concededly, the said
order dated 20.3.2025 has not been challenged. Similarly, no significance can be attached to the alleged celebration by accused, as the application was to summon an additional accused who is not before the trial Court. Further, considering the nature of offence which carries maximum punishment, this Court finds that the stand of the applicant that the trial Court is forcing a compromise is apparently misconceived. If, there is a delay in providing certified copies of orders to the applicant, the same cannot be construed as a valid ground for transfer of the trial. Besides, a perusal of the paper-book would show that an application seeking transfer of the trial moved before the Sessions Judge, Basti also stands dismissed vide order dated 19.3.2025, wherein it is observed that the Apex Court has already expedited the trial proceedings and the ground raised by the complainant- applicant seeking transfer of the trial are baseless and concocted. No other ground has been raised by the learned counsel. The application is dismissed.
Order Date :- 11.4.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad