Neutral Citation No. - 2025:AHC:113877 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 326 of 2025 Applicant :- Sarvendra Tiwari @ Guddu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Prabodh Dubey,Ravi Singh Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 447 B.N.S.S., 2023 to challenge the order dated 5.7.2025 passed by Sessions Judge, Gorakhpur in Misc. Case No. 504 of 2025 filed in Sessions Trial No. 2374 of 2021, titled State Vs. Sarvendra Tiwari @ Guddu and others, arising out of Case Crime No. 105 of 2017, under Sections 307, 504, 34 I.P.C., Police Station Gola, District Gorakhpur, whereby his transfer application has been dismissed. Applicant also seeks transfer of Sessions Trial No. 2374 of 2021, pending before the Special Judge, Court No.4 Gorakhpur to some other court of competent jurisdiction, at Gorakhpur. Learned counsel for the applicant has referred to the application dated 3.6.2025 filed before the Sessions Judge, Gorakhpur to point out that the ground raised for transfer of the sessions trial has been wrongly rejected vide order dated 5.7.2025. Learned counsel submits that the complainant proclaimed in the village that he would secure conviction of the accused and the sentence part is only a formality, and in this regard, the reliance is placed upon an affidavit sworn by Bhairav s/o Late Bunel. According to learned counsel, the conduct of the complainant has raised a doubt in the mind of the accused-applicant, that he may not get justice before the court where the trial is pending, but ignoring the said ground, Sessions Judge, Gorakhpur has committed an error of law while dismissing his application for transfer of the trial. He prays that in the given background, the trial be transferred to some other court of competent jurisdiction. At this stage, Mr. Shiva Singh, Advocate and Mr. Shashi Prakash Rai, Advocate have filed their vakalatnama on behalf of opposite party no.2, which is taken on record. The prayer is opposed by learned counsel for the complainant, who appeared on advance notice to argue that the order dated 5.7.2025 is based upon correct appreciation of the material on record, and the same does not call for any interference as it is an attempt on the part of the accused to delay the conclusion of trial. Upon hearing the learned counsel for the applicant and considering his submissions, this Court does not find any merit in the application as concededly, Bhairav is neither the complainant nor a witness in the prosecution case and the ground so raised for transfer of the trial is founded upon hear say information. The affidavit of Bhairav alone is not sufficient to accept the ground as truthful. Further, Sessions Judge, Gorakhpur has carefully examined the material on record while rejecting the said prayer. Thus, the application fails and is hereby dismissed. Order Date :- 15.7.2025 P.S.Parihar Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad