Neutral Citation No. - 2025:AHC:113755 Court No. - 82 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 194 of 2025 Applicant :- Jafar Alias Chanda Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Singh Counsel for Opposite Party :- G.A.,Sudist Kumar Hon'ble Sameer Jain,J. 1. Heard Sri Akash Mishra, learned Advocate holding brief of Sri Santosh Singh, learned counsel for the applicant, Sri Sudist Kumar, learned counsel for O.P. No.2 and Sri J.K. Upadhyay, learned AGA for the State. 2. By way of instant application following prayer has been made-: It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow this application and transfer the Session Trial No.906 of 2023 (State Vs. Jafar Khan alias Chanda) arising out of Case Crime No.23 of 2023, Under Sections 147, 148, 149, 302, 34 I.P.C.. Police Station Mohammadabad, District Ghazipur pending in the court of Learned Additional Sessions Judge-1st, Ghazipur to the court of MP/MLA, Lucknow, otherwise the applicant shall suffer irreparable loss and injury, And/or pass any such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged on 20.01.2023 against five persons (non applicant) but during investigation applicant and three others were also made accused and thereafter charge sheet was filed against them but they are facing separate trials vide Sessions Trial Nos. 570 of 2024, 745 of 2024, 991 of 2023, 721 of 2023 and 906 of 2023 and in the Sessions Trial No. 906 of 2023 applicant is one of the accused and by way of instant application, he made a prayer that his trial, which is pending before the Court of Special Judge(M.P./M.L.A.), Ghazipur may be transferred to Special Judge(M.P./M.L.A.), Lucknow on the ground that other four Sessions Trial Nos. 570 of 2024, 745 of 2024, 991 of 2023 and 721 of 2023 have already been transferred by this Court from the court of Special Judge(M.P./M.L.A.), Ghazipur to the court of Special Judge(M.P./M.L.A.), Lucknow. He next submits, orders passed by this Court have been annexed along with instant application. 4. It is next submitted, therefore, instant transfer application filed by applicant may be allowed and the Session Trial No. 906 of 2023, which is pending at present before the court of Special Judge(M.P./M.L.A.), Ghazipur may be transferred to the court of Special Judge(M.P./M.L.A.), Lucknow. 5. Learned AGA as well as learned counsel for O.P. No.2 also conceded the argument advanced by learned counsel for the applicant and submitted that they are not having any objection if transfer application filed by applicant be allowed and Session Trial No. 906 of 2023 be transfer to the court of Special Judge(M.P./M.L.A.), Lucknow as earlier four sessions trials arose from the same FIR have already been transferred by this Court. 6. I have heard learned counsel for the parties and perused the record of the case. 7. From the record, it reflects, on 20.01.2023 FIR of the present case was lodged and after submission of charge sheet, five session trials were separately being conducted and all the trials arose from the FIR of the present case and in the case at hand, applicant is accused in Sessions Trial No. 906 of 2023, which is pending before the court of Special Judge(M.P./M.L.A.), Ghazipur. 8. Record further suggests that four sessions trial, which also arose from the FIR of the present case vide Sessions Trial Nos. 570 of 2024, 745 of 2024, 991 of 2023 and 721 of 2023 have been transferred by this Court from the court of Special Judge(M.P./M.L.A.), Ghazipur to the court of Special Judge(M.P./M.L.A.), Lucknow vide orders dated 07.02.2025 passed in Transfer Application(Criminal) Nos. 50 of 2025 and 54 of 2025, order dated 03.10.2024 passed in Transfer Application(Criminal) No. 643 of 2023 and order dated 07.02.2025 passed in Transfer Application(Criminal) No. 51 of 2025. 9. As out of five sessions trials arose from the same FIR, four sessions trials have already been transferred by this Court from the court of Special Judge(M.P./M.L.A.), Ghazipur to the court of Special Judge(M.P./M.L.A.), Lucknow, therefore, it is desirable that Sessions Trial No. 906 of 2023, which also arose from the same FIR and is pending before the court of Special Judge(M.P./M.L., Ghazipur should also be transferred to the court of Special Judge(M.P./M.L., Lucknow. 10. Further, even learned AGA and learned counsel for the informant is not having any objection if the instant transfer application be allowed and Sessions Trial No. 906 of 2023, which is pending before the court of Special Judge(M.P./M.L., Ghazipur, be transfer to the court of Special Judge(M.P./M.L.A.), Lucknow. 11. Accordingly, the instant transfer application is allowed. 12. Sessions Trial No. 906 of 2023(State vs. Jafar Khan alias Chanda), pending before the court of Special Judge(M.P./M.L.A.), Ghazipur is hereby transferred to the court of Special Judge(M.P./M.L.A.), Lucknow. Order Date :- 15.7.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad