Neutral Citation No. - 2025:AHC:117974 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 324 of 2025 Applicant :- Arun Kumar Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adya Prasad Tewari Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 B.N.S.S. seeking transfer of Case No. 308 of 2022, arsing out of Case Crime No. 132 of 1981, under Sections 147, 148, 307 I.P.C., Police Station Uruwa Bazar, District Gorakhpur, pending before the Principal Magistrate, Juvenile Justice Board, Gorakhpur to the some other court of competent jurisdiction at nearly district. Learned counsel for the applicant has argued that according to the deposition of material prosecution witness, the occurrence had taken place on 10.4.1981 and in this regard, he has drawn the attention of the Court to the certified copy of the deposition sheet issued on 19.4.2025. Learned counsel has further drawn the attention of the Court to the another certified copy of the same deposition sheet to point out that the date of occurrence was tempered and is shown as 10.7.1981. Learned counsel submits that since the trial court record was tempered with and in this regard, an application was moved before the trial court for reversing the same, but the Principal Judge, Juvenile Justice Board, Gorakhpur has refused to show any indulgence vide order dated 4.7.2025, therefore, the applicant is seeking transfer of the trial to some other court of competent jurisdiction. Upon hearing the learned counsel for the applicant and considering his submissions, this Court finds that the applicant has relied upon two certified copies of the deposition sheet dated 20.32025 of prosecution witness Rambachan Yadav and the second copy does not bear any date or signatures to show that actually it is certified copy of the statement of prosecution witness. During the course of hearing, an attempt has been made by learned counsel for the applicant to invite the attention of the Court to pages 29 and 30 to contend that the second certified copy was issued on 21.6.2025, but in the considered opinion of this Court, this date relates to the cross-examination of the said witness recorded on 3.6.2025 and 19.6.2025. That apart, the argument by learned counsel for the applicant that the trial court has erroneously refused to reverse the tempering in the deposition of witness recorded on 20.3.2025 is misplaced, as the court cannot order changes in the testimony recorded before it, and is required to consider the evidentiary value in the light of other attending circumstances of the case. Further, a perusal of the order dated 4.7.2025 cannot be construed as a refusal, as argued by learned counsel for the applicant as considering the long pendency of the trial, the trial court has ordered summoning of other prosecution witnesses. Resultantly, this Court does not find it to be a fit case for transfer of the case. The application fails and is hereby dismissed. It is made clear that the observations made herein are only related to the issue of transfer of the trial and the argument relating to the alleged tempering of the deposition of prosecution witness Rambachan Yadav can be raised by the applicant at an appropriate stage before the trial court. Order Date :- 21.7.2025 P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad