Neutral Citation No. - 2025:AHC:117957 Court No. - 81 Case :- TRANSFER APPLICATION (CRIMINAL) No. - 336 of 2025 Applicant :- Smt. Sadhana Opposite Party :- State of U.P. and Another Counsel for Applicant :- Paritosh Sukla,Shashwat Shukla Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant-Smt. Sadhana has filed this petition under Section 447 B.N.S.S., 2023 for transfer of Sessions Trial No. 282 of 2019; titled State vs. Yusuf and others, arising out of Case Crime No. 574 of 2019, under Sections 342, 323, 506 and 376 I.P.C. and Section 3/4 Protection of Children from Sexual Offences Act, 2012, Police Station Civil Lines, District Aligarh, which is pending before Special Judge (POCSO Act), Court No. 2, Aligarh to some other court of competent jurisdiction within the same district. Learned counsel for the applicant submits that vide application dated 23rd May, 2025, a prayer for transferring the trial was moved before the Sessions Judge, Aligarh, as the applicant had seen the complainant, her father, as well as public prosecutor coming out of the chamber of the Presiding Officer, and it raised a doubt, if, the accused-applicant would get justice. According to the learned counsel, the said application has been erroneously dismissed by the Sessions Judge, Aligarh vide order dated 3rd July, 2025, therefore, the applicant has approached this Court for transfer of the trial. A perusal of the application dated 23rd May, 2025 would show that the averment relating to the sole ground raised for transfer of the trial lacks material particulars, and even the date and time of the alleged seeing the complainant and others coming out of the chamber of the Presiding Officer has not been mentioned. Besides, during the course of hearing, it is fairly stated by learned counsel for the applicant that the trial is at the last stage. At this Stage, Mr. Dhruv Dixit, learned counsel for the complainant has pointed out that the trial was fixed for 17th May, 2025 for delivery of judgment, but because of absence of the accused, it was adjourned, and arrest warrants were issued against the accused. In this regard, he has drawn the attention of the court to the order dated 3rd July, 2025 dismissing the transfer application. Considering the above background, as well as the reasons contained in the order dated 3rd July, 2025, this Court has no hesitation in holding that the applicant is making an attempt to delay the conclusion of trial, who has raised a frivolous ground to seek transfer of the case. Even on 23rd May, 2025, the accused were absent and exemption application was filed on their behalf, which was rejected, and the warrants were issued against the accused persons. Thus, it is absolutely clear that the case is ripe for delivery of judgment, and a frivolous ground has been raised by the accused to seek transfer of trial, and the same is not at all supported with any material. Consequently, the applicants deserve to be saddled with costs. Resultantly, the application fails and is hereby dismissed with costs of Rs. 10,000/-. The costs to be deposited within one month 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 Brijesh Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- BRIJESH KUMAR High Court of Judicature at Allahabad