Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 448 of 2025 Court No. - 81 HON'BLE MANOJ BAJAJ, J. Applicant has filed this application under Section 447 B.N.S.S. to challenge the impugned order dated 29.8.2025 passed by Sessions Judge, Kasganj in Transfer Application No. 286 of 2025, titled Anoop Vs. State of U.P. filed in Sessions Trial No.322 of 2022, under Sections 452, 376, 506 I.P.C., Police Station Sikandarpur Vaisya, District Kasganj, whereby his transfer application has been dismissed. Applicant also seeks transfer of Sessions Trial No.322 of 2022, under Sections 452, 376, 506 I.P.C., pending before the Additional District and Sessions Judge, Kasganj to some other court of competent jurisdiction at Kasganj.
Learned counsel submits that the father-in-law of the complainant had visited the trial court on 2.8.2025 and after that he proclaimed in the village that he has delivered Rs.2 lacs for the Presiding Officer for conviction of the accused-applicant and based on this ground, the transfer application filed by the applicant before the Sessions Judge, Kasganj on 12.8.2025 has been wrongly dismissed vide order dated 29.8.2025. Learned counsel submits that in this background, it is apprehended by the applicant that he may not get justice, much less a fair trial, therefore, he prays for transfer of the case. After hearing the learned counsel for the applicant and considering his
submissions, this Court does not find any merit in the ground raised for transfer of the trial as the application is founded upon only bald averments and no supportive material has been brought on record to substantiate the grounds pleaded for transfer of the trial. The above ground raised by the
learned counsel for the applicant is based upon hearsay information, allegedly delivered by the relative of the complainant and on believing the same, the applicant has approached this Court for transfer of the trial. The ground raised by the applicant is nothing but a wild allegations against the Presiding Officer of the trial court and the application has exposed the unscrupulous mind of the applicant. The Sessions Judge, Kasganj has rightly rejected the transfer application filed by the applicant. Nowadays, it has become a tendency of some of the litigants to suspect the Versus Counsel for Applicant(s) : Satish Kumar Shukla Counsel for Opposite Party(s) : G.A. Anoop .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
functioning of the court as biased, as they presume that the court may lean in favour of the rival party, but such kind of vague grounds cannot be accepted as reasonable foundation for transfer of pending judicial proceedings. In the considered opinion of this Court such kinds of baseless transfer petitions must be discouraged. Resultantly, no case is made out for transfer of the case, and the application is hereby dismissed with costs of Rs.10,000/- 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.
(Manoj Bajaj,J.)
September 22, 2025 P.S.Parihar TACR No. 448 of 2025 2
Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad