HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 418 of 2025 Court No. - 81 HON'BLE MANOJ BAJAJ, J. Applicant has filed this application under Section 447 B.N.S.S. seeking transfer of Sessions Trial No. 169 of 2025, titled State Vs. Atul Pratap Singh, pending before the Additional District Judge, Court No.1, Allahabad to any other court of competent jurisdiction outside the district Prayagraj. Mr. Deepak Dubey, learned Advocate has filed his power of attorney on behalf of opposite party no.2, which is taken on record. Mr. Dileep Kumar, learned Senior Counsel for the applicant-accused prays for transfer of Sessions Trial No. 169 of 2025, titled State Vs. Atul Pratap Singh and others, on the ground that the deceased was a lawyer and the criminal proceedings were initiated on the basis of a complaint by his brother, who is also a practicing lawyer at Prayagraj and on each and every date of hearing, large number of lawyers come to the court to witness the trial proceedings. According to learned Senior Counsel, in such circumstances, the atmosphere in the court room is not congenial and this may deprive the accused-applicant from his right to fair trial. Learned Senior Counsel has vehemently argued that two other co-accused of the applicant were assaulted, who with the intervention of the police officers were protected. Further, it is pointed out that all the eight accused persons are being represented by one defence counsel, as many other advocates have refused to represent the accused. Lastly, it is prayed that it Versus Counsel for Applicant(s) : Rajrshi Gupta, Rizwan Ahamad, Sr. Advocate Counsel for Opposite Party(s) : G.A. Atul Pratap Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) would be in the interest of justice, if, the pending trial proceedings are transferred to any other court of competent jurisdiction outside district Prayagraj. Upon hearing the learned Senior Counsel and considering his submissions, this Court finds that the application seeking transfer of the trial has been made by only one accused Atul Pratap Singh, and even the other two co-accused, who were allegedly assaulted never made any grievance or prayer for transfer of the trial. That apart, the other seven accused persons have neither been impleaded as a party in the application nor there is any other material to show that in case the trial is transferred they would not suffer any prejudice. Most importantly, during the course of hearing, it is fairly conceded by learned Senior Counsel that the applicant-accused is confined in prison as his prayer for bail stands rejected by the trial court, and that apart, vide order dated 1.3.2025 the trial court has accepted the applicant's application for permitting him to join the trial proceedings through video conferencing. Thus, in the above background, it becomes clear that the trial has not commenced as the charges against the accused persons have not been framed so far, and the applicant being in custody is already protected. Besides, his physical presence also stands exempted by permitting him to join the trial proceedings through video conferencing. Merely, because the complainant is a practicing advocate that alone would not be a ground to transfer the case. Resultantly, finding no merit in the application, the same is hereby dismissed. September 9, 2025 P.S.Parihar TACR No. 418 of 2025 2 (Manoj Bajaj,J.) Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad