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3. Learned counsel for the applicant submitted that applicant is Private Ltd Company and it has filed the instant transfer application with a prayer to transfer the complaint filed by it against O.P.No.2 from the Court of Additional Chief Judicial Magistrate/Special Court(M.P./M.L.A.), Bulandshahr to any other adjacent district on the ground that O.P. No.2, the accused of the case, is sitting MLA of ruling party and under his influence trial court is acted against the applicant and applicant is not having any hope of the justice.

4. He further submitted that applicant filed the complaint of the present matter against O.P. No.2, who was sitting MLA of ruling party and he during pendency of the trial collided with the representative of the applicant namely Neeraj Tyagi and filed forged compromise without knowledge of the applicant and its Directors and he also did not turn up before the trial court at the stage of Section 244 Cr.P.C. and, therefore, prosecution evidence under Section 244 Cr.P.C. was closed and when applicant came know about these fact then an application was moved by the applicant before the trial court that its representative Neeraj Tyagi has been removed and he is no more authorized representative of the applicant and thereafter application filed by the applicant was allowed but O.P. No.2 even challenged that order in criminal revision before the Session Judge, although, he was not having any locus as he could not object if company removed its representative.

5. He further submitted that when charges against the accused i.e. O.P. No.2 were framed then he also challenged the charges in criminal revision before the Sessions Judge. He next submits, both the above revisions filed by O.P. No.2 were allowed by the revisional court and thereafter applicant challenged both the orders before this Court in two separate applications vide Application U/s 482 Cr.P.C. No. 25613 of 2024 and 25932 of 2024 and both the applications are pending before this Court.

6. He further submitted that in spite of pendency of the applications moved by applicant under Section 482 Cr.P.C. before this court, trial court is in hurry to conclude the trial due to influence of O.P. No.2. He further submitted that applicant moved several applications that till disposal of his applications before this Court, trial of the case should not be continued any further but trial court is not ready to adjourn the case as trial court is under influence of O.P. No.2.

7. He further submitted that applicant is the complainant of the case and is aggrieved party and if during pendency of its applications before this Court, trial of the case is decided then applicant would suffer irreparable loss and, therefore, applicant is having no hope of justice form A.C.J.M. /Special Court(M.P./M.L.A.), Bulandshahr and, therefore, trial of the case be transferred from Bulandshahr to any other adjacent district.

8. Per contra, learned AGA opposed the prayer and submitted that from the entire application filed by applicant, it appears, trial court is proceeded with the trial because there is no stay order passed by this Court and if applicant is having any grievance in this regard then he can make prayer before the Bench of this Court, where his both the Applications U/s 482 Cr.P.C. are pending, that trial court may be directed not to proceed any further in the matter but instead of doing so, applicant filed the instant transfer application.

9. He further submitted that there is no good ground, on the basis of which, trial of the case pending before A.C.J.M. /Special Court(M.P./M.L.A.), Bulandshahr can be transferred to any other adjacent district as from the facts of the case, it could not be reflected that due to influence of O.P. No.2, who is, although, sitting MLA of ruling party, there is no hope of justice for the applicant. He next submits, therefore, the instant transfer application filed by applicant is devoid of merit and is liable to be dismissed.

10. I have heard learned counsel for the parties and perused the record of the case.

11. Applicant is the Private Ltd Company and is complainant of the case. The instant transfer application has been filed by the applicant with a prayer to transfer the trial of the case from the court of A.C.J.M. /Special Court(M.P./M.L.A.), Bulandshahr to any other adjacent district on the ground that trial court is under the influence of O.P. No.2, who is Sitting M.L.A. of ruling party and therefore, he is very influential person but from the application filed by the applicant, it reflects, the instant transfer application has been filed mainly on the ground that applicant filed two Applications U/s 482 Cr.P.C. before this Court against two orders passed by the revisional court and its both the applications moved under Sections 482 Cr.P.C. are pending before this Court but in spite of that trial court is proceeding with the matter.

12. This Court finds merit in the argument advanced by learned AGA that as there is no stay order passed by this Court in the applications moved by the applicant, therefore, if proceeding of the trial court is going on then it cannot be said that trial court is baised with the applicant and is acted under the influence of O.P. No.2. In view of this Court, on this reason it cannot be inferred that applicant will not get justice from the trial court.

13. Further, this Court also finds merit in the argument advanced by learned AGA that if applicant is having grievance that in spite of pendency of its applications before this Court under Section 482 Cr.P.C., proceeding of the trial is going on and trial court is not ready to adjourn the case then applicant could very well approach this Court in Applications U/s 482 Cr.P.C. and could make prayer for stay the proceedings but in stead of doing so, applicant chose to file the instant transfer application, which in view of this Court cannot be allowed as there is no material available on record, which can demonstrate that trial court is biased with the applicant and is under the influence of O.P. No.2 and there is no hope of justice for the applicant.

14. Therefore, considering the facts and circumstances of the case discussed above, in my view, instant transfer application filed by applicant is devoid of merit and is liable to be dismissed. Accordingly, the same is dismissed. Order Date :- 15.7.2025 KK Patel KRISHN KANT PATEL High Court of Judicature at Allahabad

3. Learned counsel for the applicant submitted that applicant is Private Ltd Company and it has filed the instant transfer application with a prayer to transfer the complaint filed by it against O.P.No.2 from the Court of Additional Chief Judicial Magistrate/Special Court(M.P./M.L.A.), Bulandshahr to any other adjacent district on the ground that O.P. No.2, the accused of the case, is sitting MLA of ruling party and under his influence trial court is acted against the applicant and applicant is not having any hope of the justice.

4. He further submitted that applicant filed the complaint of the present matter against O.P. No.2, who was sitting MLA of ruling party and he during pendency of the trial collided with the representative of the applicant namely Neeraj Tyagi and filed forged compromise without knowledge of the applicant and its Directors and he also did not turn up before the trial court at the stage of Section 244 Cr.P.C. and, therefore, prosecution evidence under Section 244 Cr.P.C. was closed and when applicant came know about these fact then an application was moved by the applicant before the trial court that its representative Neeraj Tyagi has been removed and he is no more authorized representative of the applicant and thereafter application filed by the applicant was allowed but O.P. No.2 even challenged that order in criminal revision before the Session Judge, although, he was not having any locus as he could not object if company removed its representative.

5. He further submitted that when charges against the accused i.e. O.P. No.2 were framed then he also challenged the charges in criminal revision before the Sessions Judge. He next submits, both the above revisions filed by O.P. No.2 were allowed by the revisional court and thereafter applicant challenged both the orders before this Court in two separate applications vide Application U/s 482 Cr.P.C. No. 25613 of 2024 and 25932 of 2024 and both the applications are pending before this Court.

6. He further submitted that in spite of pendency of the applications moved by applicant under Section 482 Cr.P.C. before this court, trial court is in hurry to conclude the trial due to influence of O.P. No.2. He further submitted that applicant moved several applications that till disposal of his applications before this Court, trial of the case should not be continued any further but trial court is not ready to adjourn the case as trial court is under influence of O.P. No.2.

7. He further submitted that applicant is the complainant of the case and is aggrieved party and if during pendency of its applications before this Court, trial of the case is decided then applicant would suffer irreparable loss and, therefore, applicant is having no hope of justice form A.C.J.M. /Special Court(M.P./M.L.A.), Bulandshahr and, therefore, trial of the case be transferred from Bulandshahr to any other adjacent district.

8. Per contra, learned AGA opposed the prayer and submitted that from the entire application filed by applicant, it appears, trial court is proceeded with the trial because there is no stay order passed by this Court and if applicant is having any grievance in this regard then he can make prayer before the Bench of this Court, where his both the Applications U/s 482 Cr.P.C. are pending, that trial court may be directed not to proceed any further in the matter but instead of doing so, applicant filed the instant transfer application.

9. He further submitted that there is no good ground, on the basis of which, trial of the case pending before A.C.J.M. /Special Court(M.P./M.L.A.), Bulandshahr can be transferred to any other adjacent district as from the facts of the case, it could not be reflected that due to influence of O.P. No.2, who is, although, sitting MLA of ruling party, there is no hope of justice for the applicant. He next submits, therefore, the instant transfer application filed by applicant is devoid of merit and is liable to be dismissed.

10. I have heard learned counsel for the parties and perused the record of the case.

11. Applicant is the Private Ltd Company and is complainant of the case. The instant transfer application has been filed by the applicant with a prayer to transfer the trial of the case from the court of A.C.J.M. /Special Court(M.P./M.L.A.), Bulandshahr to any other adjacent district on the ground that trial court is under the influence of O.P. No.2, who is Sitting M.L.A. of ruling party and therefore, he is very influential person but from the application filed by the applicant, it reflects, the instant transfer application has been filed mainly on the ground that applicant filed two Applications U/s 482 Cr.P.C. before this Court against two orders passed by the revisional court and its both the applications moved under Sections 482 Cr.P.C. are pending before this Court but in spite of that trial court is proceeding with the matter.

12. This Court finds merit in the argument advanced by learned AGA that as there is no stay order passed by this Court in the applications moved by the applicant, therefore, if proceeding of the trial court is going on then it cannot be said that trial court is baised with the applicant and is acted under the influence of O.P. No.2. In view of this Court, on this reason it cannot be inferred that applicant will not get justice from the trial court.

13. Further, this Court also finds merit in the argument advanced by learned AGA that if applicant is having grievance that in spite of pendency of its applications before this Court under Section 482 Cr.P.C., proceeding of the trial is going on and trial court is not ready to adjourn the case then applicant could very well approach this Court in Applications U/s 482 Cr.P.C. and could make prayer for stay the proceedings but in stead of doing so, applicant chose to file the instant transfer application, which in view of this Court cannot be allowed as there is no material available on record, which can demonstrate that trial court is biased with the applicant and is under the influence of O.P. No.2 and there is no hope of justice for the applicant.

14. Therefore, considering the facts and circumstances of the case discussed above, in my view, instant transfer application filed by applicant is devoid of merit and is liable to be dismissed. Accordingly, the same is dismissed. Order Date :- 15.7.2025 KK Patel KRISHN KANT PATEL High Court of Judicature at Allahabad