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Neutral Citation No. - 2025:AHC:60024 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 209 of 2025 Applicant :- Brahma Kumar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Pandey,Shardendu Mishra Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 of B.N.S.S. seeking transfer of Session Trial No. 521 of 2023; titled : State of U.P. Vs. Anil Kumar and others, arising out of Case Crime No.1138 of 2012, under Section 307 I.P.C., Police Station Sihani Gate, District Ghaziabad, from Bijnor to the any other court of competent jurisdiction at Ghaziabad.
Learned counsel for the applicants has argued that previously on 02.01.2023, this Court had transferred the trial from Ghaziabad to Bijnor in Transfer Application (Criminal) No.574 of 2022 filed by accused- Anil Kumar and at that stage, neither the applicants were impleaded as a party in the said case nor any opportunity of hearing was provided. He submits that it is difficult for the applicants to attend the trial proceedings at the transferred place i.e. Bijnor. He prays for again transferring the case back to Ghaziabad. During the course of hearing, it is not disputed by learned counsel that against the order dated 02.01.2023, no steps were taken by the applicants either to seek recall of the order or to challenge the same and on the other hand, the applicants have also participated in the trial proceedings at Bijnor. The argument raised for transfer of the case is without any merit, and if, the prayer is accepted, it would amount to review the order dated 22.01.2023. Resultantly, the above application fails and is hereby dismissed.
Order Date :- 22.4.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad