Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 434 of 2025 Court No. - 81 HON'BLE MANOJ BAJAJ, J. Applicant has filed this application under Section 447 of B.N.S.S. seeking transfer of Sessions Trial No. 68 of 2021, titled : State v. Surya Pratap @ Rishu, arising out of Case Crime No.348 of 2020, under Sections 376, 386, 509, 506, 452 I.P.C., Police Station Shamshabad, District Farrukhabad, pending before the Additional District and Sessions Judge, F.T.C.-I, Farrukhabad to any other court of competent jurisdiction of district- Mathura. Learned counsel for the applicant-victim prays for transfer of the Sessions Trial No. 68 of 2021 to some other court of competent jurisdiction at Mathura as the accused persons are threatening the complainant (P.W.2) of the case and as a result he is unable to testify before the trial Court. In this regard, learned counsel has drawn the attention of the Court to the application dated 31.1.2025 submitted before the S.S.P., Farrukhabad. On these grounds, he presses his prayer for transfer of the trial. After hearing the learned counsel and considering his submissions, this Court does not find any merit in the ground raised for transfer of the trial as the application submitted before the S.S.P., Farrukhabad is dated 31.1.2025, whereas concededly the deposition of the applicant-victim stands recorded before the trial Court. Since, the applicant has already appeared as a witness before the trial Court, who freely deposed in support of the Versus Counsel for Applicant(s) : Narayan Swaroop, Som Veer Counsel for Opposite Party(s) : G.A. Shiwani .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s)
prosecution case, therefore, the ground of alleged threat to the applicant is not worth acceptance. The application fails and is hereby dismissed. September 9, 2025 Shiv TACR No. 434 of 2025 2 (Manoj Bajaj,J.) Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad