HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 603 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J. 1. None is present on behalf of the applicant to press this transfer application, even in the revised call, however, Sri Manindra Mohan Pandey, learned counsel for the opposite party no. 2 and learned A.G.A. for the State are present. 2. Heard learned counsel for the opposite party no. 2, learned A.G.A. for the State and perused the record. 3. The present application has been filed with a prayer to transfer the Criminal Case No. 385 of 2022 (State vs. Abhishek Upadhyay), arising out of Case Crime No. 77 of 2021, under Sections 328, 376, 420 and 406 I.P.C., Criminal Case No. 38128 of 2023 (State vs. Abhishek Upadhyay), arising out of Case Crime No. 192 of 2023, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, P.S. Gorakhnath, District-Gorakhpur, pending in the Court of Additional Chief Judicial Magistrate-I, Gorakhpur, may be transferred to the Chief Judicial Magistrate, Siddharth Nagar. 4. The grounds taken by the applicants are that the applicant is facing hardship to pursue the case in District-Gorakhpur and is inconvenient for her to pursue all three cases at Gorakhpur, since the distance between Gorakhpur and Siddharth Nagar is about 100 km and take hours to reach from Gorakhpur to Siddharth Nagar. Except hardship and inconvenience, no other ground has been taken up by the applicant to get the case transferred from Gorakhpur to Siddharth Nagar, however general allegations have also been made against opposite party no. 2. Versus Counsel for Applicant(s) : Vashishtha Dhar Shukla Counsel for Opposite Party(s) : G.A., Husna Bano, Manindra Mohan Pandey Smt Hemwanti Shukla .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. On the other hand, learned counsel for the opposite party no. 2 has submitted that the trial is on advance stage, charges have been framed. He next submits that, it is not the case of the applicant that only solitary case is pending, but two other cases are pending in District-Gorakhpur. He further submits that Case No. 858 of 2023 (Hemwati Shukla vs. Abhishek Upadhyay), under Section 125 Cr.P.C., which is showing pending before the Court of Principal Judge, Family Court, Siddharth Nagar has not yet been proceeded as per questionnaire produced before this Court by learned counsel for the opposite party no. 2, the same is taken on record. 6. Having regard to the fact that three cases are already pending in District-Gorakhpur and the transfer of all the three cases from Gorakhpur to Siddharth Nagar would not serve any purpose, as the service of notice and summon has to be initiated afresh. 7. The only ground on which the transfer has been sought is that the applicant is facing hardship to pursue all the three cases at Gorakhpur, because the distance between Gorakhpur and Siddharth Nagar is about 100 km and take hours to reach Gorakhpur to Siddharth Nagar. Applicant is residing at Siddharth Nagar and has to travel for coming to Gorakhpur for attending the case and as a result, she is put to tremendous hardship as well as the financial constraints. The law is settled that the convenience of the parties is wholly irrelevant for the purpose of considering the prayer for transfer of a case from one district to another. 8. Having regard to the contention raised by learned counsel for the applicant, this Court is un-understandable how a plea of inconvnience could be based to avoid traveling a distance of merely 100 kms and in this regard the Hon'ble Supreme Court in the case of Rajesh Talwar vs. Central Bureau of Investigation and Ors. [(2012) 4 SCC 217)][Alongwith Transfer Petition (Crl.) No. 46 of 2012] decided on 02.03.2012, Radheshyam Mangalchand Agrawal vs. State of Maharashtra and Ors in Criminal Writ Petition No. 589 of 2023 decided on 25.04.2024 and Nahar Singh Yadav & Anr. vs. Union of India and Ors. (2011) 1 SCC 307, has held that inconvenience could not be a valid basis for transfer of "criminal proceedings" from one Court to another. TACR No. 603 of 2024 2 9. The transfer application lacks merits and is accordingly dismissed. September 8, 2025 Faridul TACR No. 603 of 2024 3 (Harvir Singh,J.) Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad