HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 568 of 2024 Court No. - 51 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. The grievance of the applicant raised by means of the present transfer application is that she is an old lady aged about seventy years and the case at hand is a case, which relates to the abetment of suicide of her daughter. Being the informant, she has to travel from Bulandshahr to Baghpat to prosecute the case. It is owing to these circumstances that the transfer has been sought to an appropriate Court of jurisdiction at Bulandshahr, where the applicant may convenient to prosecute the case. An application has also been filed at page 17 of the paper book, moved before the Superintendent of Police, District Baghpat, where she states that she has been harassed and threatened by the accused persons in the company of some unknown persons whenever she has gone for giving her statement before the Court. 2. Learned counsel for the applicant submits that owing to these circumstances, it is necessary in the interest of justice that the case be transferred to Bulandshahr so that effective prosecution of the case may take place and a just conclusion be given. 3. Learned counsel for opposite party No.2, on the other hand, has not filed any counter affidavit but has made oral submissions that the prayer made on the grounds so raised, is not genuine. Being a Sessions triable case, it is the Public Prosecutor, who prosecutes the case and the applicant is only a witness, whose statement has already been recorded. The Versus Counsel for Applicant(s) : Rakesh Kumar, Shailendra Kumar Singh Counsel for Opposite Party(s) : Adesh Kumar, G.A., Kuldeep Kumar Sharma Smt. Rajendri Devi .....Applicant(s) State Of U.P. And 4 Others .....Opposite Party(s) complaint made to the Superintendent of Police is based on incorrect and false facts and no such complaint was ever made before the trial Judge at the time of statements being recorded before the trial Court. He has further submitted that the natural jurisdiction of the Court to try an offence cannot be disturbed owing to the inconvenience of any party and it is the Courts at Baghpat alone, which are competent to try the case. 4. Learned AGA also supports the stand taken by opposite party No.2 in contending that effective prosecution of the case is being done by the Public Prosecutor and the applicant's complaint of being unable to effectively prosecute the case personally cannot be acceded to. 5. I have heard learned counsel for the parties and perused the record. 6. It appears from the order sheet that the last order passed in the present case was on 21.09.2024 on which date notices were issued to the opposite parties. Thereafter, more than a year has passed and the case is still being prosecuted at District Bulandshahr and no fresh complaint or any other material to justify transfer to district Bulandshahr has been brought on record. Furthermore, in any Sessions triable offence, it is the Public Prosecutor, who leads the case and any private party, who wishes to prosecute, may engage a counsel to assist the Public Prosecutor. In these circumstances, the complaint raised by the applicant that she is unable to effectively prosecute the case owing to the distance between Baghpat and Bulandshahr as well as her advancing age, in the opinion of this Court, does not constitute a valid ground for transfer of the case. 7. In these circumstances, this Court finds that no good ground for transfer of the case from District Baghpat to Bulandshahr has been made out by the applicant and as such, this application for transfer is dismissed. October 6, 2025 Kushal TACR No. 568 of 2024 2 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad