HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 589 of 2026 Court No. - 55 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for applicant and learned AGA for the State. 2. The application is filed for transfer of the Case No. 28662 of 2025 (State Vs. Shalini Sharma & Others), Case Crime No. 258 of 2024 under Sections 384, 504, 120-B I.P.C. pending before learned Chief Judicial Magistrate, District Varanasi, to the Court at District Prayagraj. 3. The transfer application is filed by accused against the First Information Report lodged by opposite party no.2, who is alleged to be APC in the District. 4. It is submitted by learned counsel for applicant that there is apprehension that opposite party no.2 is influencing the proceedings. 5. On a pointed query being made to learned counsel for applicant as to how the aforesaid fact can be substantiated, learned counsel for applicant has relied upon paragraph nos.30 and 32 of the affidavit. 6. Paragraph nos.30 and 32 are quoted hereinbelow: "30. That O.P. No. 02 has continuously abused his official position, interfered with the investigation, influenced trial proceedings, manipulated FIR contents, pressurized authorities, and acted with clear mala fide intent, including issuing threats to the life of the applicant. 32. That in view of the aforesaid facts and circumstances, the applicant seeks transfer Versus Counsel for Applicant(s) : Suraj Pandey Counsel for Opposite Party(s) : G.A. Shalini Sharma .....Applicant(s) State of U.P. and Another .....Opposite Party(s) of Case No. 28662 of 2025 (State vs. Shalini Sharma & Others), pending before the Court of the Chief Judicial Magistrate, Varanasi, to a competent court at Prayagraj, on grounds of reasonable apprehension of bias, threat perception, misuse of official position by Opposite Party No. 02, and denial of a fair and impartial trial." 7. Perusal of the aforesaid paragraphs would go to show that general and vague allegations without any substantive foundation have been made. Mere suspicion that applicant will not get fair trial cannot be a foundation for transfer of the case. It is for the applicant to bring on record cogent material, which the applicant has failed to bring on record. 8. In view of aforesaid, the transfer application is dismissed with a cost of Rs.50,000/-. 9. After passing of the above order, learned counsel for applicant submits that he may be permitted to withdraw the present transfer application. 10. Accordingly, the transfer application is dismissed as withdrawn. 11. The above order imposing cost is, hereby, recalled. September 30, 2026 D. Tamang TACR No. 589 of 2026 2 (Vikram D. Chauhan,J.) Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad