UKHC010100352026 2026:UHC:5529 HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc Application No.1285 of 2026 08th July, 2026 Vivek Swaroop ……….Applicant Versus Jyoti Singh and others ……….Respondents ---------------------------------------------------------------------- Presence:- Mr. Gopal K Verma, learned counsel for the applicant. Mr. Sudhir Kumar and Mr. S.K. Pandey, learned counsel for the respondent no.1. Mr. Harshit Bhatt, learned counsel holding brief of Mr. Kirti Sharan Agarwal, learned counsel for respondent no.2. Mr. B.S. Koranga, learned B.H. for the State/respondent no.3. ---------------------------------------------------------------------- Hon’ble Pankaj Purohit, J. This C528 application is filed by the applicant challenging the order dated 30.05.2026, annexure no.1 to the writ petition, whereby the Transfer Application No.30 of 2026 (Misc. Criminal Case No.59 of 2026), Vivek Swaroop Vs. Jyoti Singh and others, preferred by the applicant before the learned Sessions Judge, Nainital to transfer the Criminal Appeal No.23 of 2024 from the court of learned Ist Additional Sessions Judge, Haldwani to another court of the same jurisdiction within the session division. 2. Learned counsel for the respondent(s) raised a preliminary objection that once the transfer application moved by the petitioner before the learned Sessions Judge has been rejected, the petitioner has got a remedy to move a transfer application before the High Court under Section 447 of the B.N.S.S. 2023; the petitioner cannot file an application under Section 528 of the B.N.S.S. 2023 invoking the inherent power of this Court. 1 UKHC010100352026 2026:UHC:5529 3. Learned counsel for the petitioner submits that this application has been filed under the inherent power of this Court and the same may be entertained by this Court. 4. Having heard learned counsel for the parties and having perused the relevant provisions of Section 447 of B.N.S.S. 2023, there is no manner of doubt in the mind of this Court that once the transfer application moved by the applicant was rejected by the learned Sessions Judge, the applicant may file an application before the High Court for transferring a case from one criminal court to another criminal court in the same Session Division. 5. The reference may be had from proviso to sub- section 2 of Section 447 of the B.N.S.S. 2023. 6. In such view of the matter, the C528 application moved by the applicant is hereby rejected, being not maintainable. However it is open to the petitioner to avail the statutory remedy available to him, in accordance with law, under the provisions of B.N.S.S. 2023. (Pankaj Purohit, J.) 08.07.2026 SK 2 SHUBHAM KAPRUWAN Digitally signed by SHUBHAM KAPRUWAN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=a29a2f80b93835a432d093afc472d9355959ee0ff878380c645e17d546a24821, postalCode=263001, st=UTTARAKHAND, serialNumber=B505B049BA2FDAC35E7AE325DEE1505D6C35AF3D290C229CDC609D61801E1 E4F, cn=SHUBHAM KAPRUWAN Date: 2026.07.09 10:55:11 +05'30'