Neutral Citation No. - 2025:AHC:54668 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 12256 of 2025 Applicant :- Nepal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shishir Tandon Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Shishir Tandon, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Nepal, who is a charge sheeted accused and facing trial before court below, has approached this Court by means of present application under Section 528 BNSS with the following prayer: "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the impugned order dated 27.03.2025 passed by the Additional Sessions Judge, Court No.- 1, Bijnor in Session Trial No. 2016 of 2023 (State of U.P. vs. Nigam and others). relating to Case Crime No. 349 of 2023, under Sections 307/34, 352/34 & 302/34 IPC, Police Station-Chandpur, District-Bijnor. It is further prayed that this Hon'ble Court may be pleased to stay the effect and operation of the impugned order dated 27.03.2025 passed by the Additional Sessions Judge, Court No.-1, Bijnor in Session Trial No. 2016 of 2023 (State of U.P. vs. Nigam and others), relating to Case Crime No. 349 of 2023, under Sections 307/34, 352/34 & 302/34 IPC, Police Station- Chandpur, District-Bijnor. It is further prayed that this Hon'ble Court may be pleased to direct the learned Trial Judge to try and decide both the Trial/cases i.e. Session Trial No. 2016 of 2023 (State of U.P. vs. Nigam and others), relating to Case Crime No. 349 of 2023, under Sections 307/34, 352/34 & 302/34 IPC, Police Station-Chandpur, District-Bijnor and Complaint Case No. 19359 of 2023, under Sections 452, 307, 323 & 504 IPC, Police Station-Chandpur, District-Bijnor together, during the pendency of the present application before this Hon'ble Court, otherwise applicant shall suffer irreparable loss and injury. And/or pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." 4. On the matter being taken up, the learned A.G.A. has raised a preliminary objection by contending that by virtue of the provisions contained in Section 408 Cr.P.C., the power to transfer a criminal case from one court to another court is exclusively with the Sessions Judge. To buttress his submission, he has relied upon the judgement of this Court in Nitin Jaiswal Vs. State of U.P. and another, 2020 SCC OnLine All.2779. 5. When confronted with above, the learned counsel for applicant submits that present application be dismissed as withdrawn with liberty to seek proper remedy. 6. Learned A.G.A. has no objection to the prayer made by the learned counsel for applicant. 7. In view of above, present application is accordingly dismissed as withdrawn with liberty aforesaid. 8. Certified copies of the documents appended alongwith this application shall be returned to the learned counsel for applicant after obtaining the photocopies of the same to be kept on record. Order Date :- 15.4.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad