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Neutral Citation No. - 2025:AHC:72189 Court No. - 77 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 236 of 2025 Applicant :- Vijendra Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant being complainant has filed this application under Section 447 of B.N.S.S., 2023 seeking transfer of S.T. N.207 of 2022, titled State Vs. Mohit and others, arising out of case crime no.472 of 2021, under Sections 302, 34, 364, 342 IPC, Police Station Sadabad, District Hathras, pending in the court of Special Judge, SC/ST Act, Hathras to the competent court of jurisdiction at Hathras. As per the averments, the accused- Mohan Lal after his release on bail on 13.07.2022 is extending threats to the applicant and an application seeking cancellation of bail was moved by the complainant, which was dismissed by this Court on 8.2.2023. According to learned counsel, subsequently this Court had granted him liberty to file a fresh application before the trial court, but the same was also dismissed. Further, the trial court has also rejected complainant's application under Section 319 code of Criminal Procedure to summon additional accused who was exonerated after investigation on 5.8.2024. Since these orders were passed against the complainant, he sought transfer of the case by moving an application before the Sessions Judge, which has been rejected on 25.3.2025
Upon considering the the grounds raised for transfer of the case, this Court is not inclined to exercise the jurisdiction under Section 447 B.N.S.S., 2023, as the orders passed by the trial court can be assailed by the complainant. Merely because the orders are against the complainant, it cannot be construed that the trial court is not proceeding with the trial in a fair manner. Dismissed. Order Date :- 6.5.2025 Raj Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad