Neutral Citation No. - 2025:AHC:118128 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 325 of 2025 Applicant :- Sundar Pal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kali Shanker Tiwari,Vinaya Kumar Diwvadi 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 Criminal Case No.34 of 2019 titled : State v. Sundarpal and another, arising out of Case Crime No.571 of 2017, under Sections 323, 504, 506, 336 I.P.C., Police Station Civil Lines, District Etawah, pending before the Chief Judicial Magistrate, Etawah to the court of Chief Judicial Magistrate, Agra. Learned counsel for the applicant has argued that opposite party no.2 is son-in-law of applicant no.1, who has falsely implicated them in the subject case wherein despite three adjournments, no prosecution witness has appeared and it is causing great hardship to the applicant. Learned counsel has stated that applicant no.1 is nearly 70 years old, therefore, if the trial is transferred to Agra, it would be convenient for the senior citizen to pursue the said case. He prays for transfer of the trial. During the course of hearing, it is fairly stated by Mr. Kali Shanker Tiwari, learned counsel that charges were framed against the accused in November, 2024 and thereafter, the case was taken up on three occasions for recording the deposition of prosecution witness. Upon hearing the learned counsel and perusing the paper-book, this Court finds that though the concession of bail was extended to the accused at the initial stage, but thereafter continuously the applicants have been seeking exemption from personal appearance, and the trial Court had been showing leniency by extending the said concession to the accused. Further, during the said period of nearly six years, no grievance, much less regarding inconvenience was ever raised by accused-applicants. Apparently, the trial has commenced recently, therefore, considering the background of the case, particularly the conduct of the applicants, this Court is not inclined to transfer the trial. Resultantly, the application fails and is dismissed with a cost of Rs.5,000/- to be deposited before the Registrar General, High Court, Allahabad, who will, thereafter, forward the same to the High Court Legal Services Committee. Order Date :- 21.7.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad