Neutral Citation No. - 2025:AHC:86076 Court No. - 78 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 249 of 2025 Applicant :- Dharmendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhimanu Mishra,Indra Deo Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. 1. The instant transfer application under Section 447 of B.N.S.S., 2023 has been preferred by the applicant seeking transfer of Case No. 797 of 2024 arising out of Case Crime No. 2 of 2024, under Section 7 of Prevention of Corruption Act, Police Station Bareilly Sector Vigilance Cell, District Bareilly from the Court of Special Judge (Prevention of Corruption Act), Court No. 2, Bareilly to any other adjoining district. 2. It is submitted by learned counsel for the applicant that the applicant, who is complainant is a resident of district Moradabad whereas trial of this case is going on in district Bareilly. He is receiving continuous threat from the side of accused to give evidence in favour of the accused. Under this situation, it is not possible for him to get his statement recorded before the trial court at Bareilly. It is also pointed out that the applicant also gave an application dated 01.05.2025 to the Superintendent of Police U.P. Vigilance Establishment, Bareilly Sector, Bareilly as well as the Senior Superintendent of Police, Bareilly and the Senior Superintendent of Police, Moradabad to provide security to him, so that he may give evidence before the trial court at Bareilly, but they did not pay any heed to his request, hence the applicant, having no option left, knocked the door of this Court. 3. On the other hand, Mr. Deepak Mishra, learned Additional Government Advocate representing the State submits that the Senior Superintendent of Police, Barielly shall ensure the required protection to the applicant so that his statement is recorded before the trial court. 4. Having heard the submissions of learned counsel for the parties and perusing the record, I find that there is no allegation of the applicant (complainant) against the Presiding Officer. It appears that only anxiety of the applicant is that his correct statement may be recorded before the trial court without any pressure of accused. 5. In view of the above, looking to the nature of grievance of the applicant as noted above, this Court feels that no useful purpose would be served in keeping this matter pending and issuing notice to opposite party No. 2. 6. Considering the facts of the case, following directions are issued:- (i) Senior Superintendent of Police, Moradabad shall provide appropriate security to the applicant, so that he may travel from Moradabad to Bareilly on the next date fixed before the trial court, Bareilly for recording his statement. (ii) Senior Superintendent of Police, Bareilly is also directed to ensure the safety of the applicant within the territory Bareilly. (iii) Trial court is directed that on appearance of the applicant/complainant on the next date fixed before the trial court, his statement shall be recorded on the same day without granting any adjournment to either of the parties and opportunity of cross- examination to the defence shall also be afforded in continuation of examination-in-chief of the complainant. 7. With the aforesaid observations and directions, the instant application is disposed of. 8. Registrar (Compliance) is directed to communicate this order to the Senior Superintendent of Police, Moradabad, the Senior Superintendent of Police, Bareilly and the concerned trial court within three days for necessary information and compliance. Order Date :- 21.5.2025/Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad