Allahabad High Court
SMT. AASTHA SHARMAversusSTATE OF U.P. THROUGH SECRETARY HOME AND 3 OTHERS
- Decided
- Bench
- SAMIT GOPAL
Holding
The transfer application is dismissed for want of prosecution.
Summary
The applicant, Smt. Aastha Sharma, filed a transfer application under Section 407 of the Criminal Procedure Code seeking to move a criminal case (State Vs Prashant Kaushik and others) from the ACJM Court‑5 in Ghaziabad to the District Court in Meerut and to stay the proceedings. The application was listed but no counsel appeared on behalf of the applicant to press the matter. The court noted that despite notice to the opposite parties, they also did not appear. Because the applicant was not represented, the court dismissed the transfer application for want of prosecution. Consequently, any interim order was vacated and any pending applications were disposed of.
Issues considered
- Can a transfer application under Section 407 Cr.P.C. be entertained in the absence of the applicant's representation?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 407
Subjects
- transfer of criminal case
- Section 407 CrPC
- want of prosecution
- interim order vacated
- procedural dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CRIMINAL) No. - 109 of 2022
Smt. Aastha Sharma
.....Applicant(s)
Versus
State Of U.P. Through Secretary Home And 3 Others
.....Opposite Party(s)
Counsel for Applicant(s) : Dinesh Kumar Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 53
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. No one appears on behalf of the applicant to press this transfer application. Sri V.D.
Ojha, learned counsel for the State is present.
3. Vide order dated 07.04.2022 notice was issued to the opposite party nos.2 to 4.
Despite service of notice, no one appears on behalf of the opposite party nos.2 to 4.
4. The present transfer application under Section 407 Cr.P.C. has been filed by the
applicant- Smt. Aastha Sharma, with the prayer to to allow this application and
transfer the Case No. 10173 of 2021 (State Vs Prashant Kaushik and others), Case
Crime 777 of 2021, under Sections 498-A, 323, 504, 506,I.P.C & 3/4 D.P Act,
pending in the court of A.C.J.M Court-5, Ghaziabad from the Court of A.C.J.M Court-
5, Ghaziabad to the competent court of jurisdiction at District Meerut, with a further
prayer that proceeding of the aforesaid case be stayed during the pendency of the
present transfer application.
5. Since there is no representation on behalf of the applicant to press this transfer
application even in the revised list, the same is dismissed for want of prosecution.
6. Interim order, if any, stands vacated.
7. Pending application(s), if any, shall stand disposed of.
8. Registrar (Compliance) to communicate this order to the concerned court within
two weeks from today.
March 18, 2026
AS Rathore
(Samit Gopal,J.)
Digitally signed by :-
ABHISHEK SINGH RATHOR
High Court of Judicature at Allahabad
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