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Allahabad High Court

NEETI VERMAversusSTATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER

Decided
Disposal
Dismissed on merits/Rejected

Holding

The application is dismissed for non‑prosecution.

Summary

Neeti Verma filed a criminal transfer application (No. 22 of 2023) before the Allahabad High Court. No appearance was made on behalf of the applicant, and the counsel for the opposite party was the only one present. The court observed that both the applicant and her counsel had lost interest in pursuing the matter. Relying on the maxims that the law aids the vigilant and that litigation should end in the public interest, the court decided not to consider the merits. The application was dismissed for non‑prosecution and any interim order previously granted was vacated.

Issues considered

  • Whether the transfer application should be dismissed for non‑prosecution due to the applicant's failure to appear and pursue the case?

Subjects

  • transfer application
  • criminal procedure
  • non‑prosecution
  • dismissal
  • vigilance
  • interim order vacated

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                                  LUCKNOW

                                                TRANSFER APPLICATION (CRIMINAL) No. - 22 of 2023

                                     Neeti Verma
                                                                                                                .....Applicant(s)
                                                                              Versus
                                     State Of U.P. Thru. Prin. Secy. Home And Another
                                                                                                          .....Opposite Party(s)

                                     Counsel for Applicant(s)             :   Krishan Kanhaya Pal, Krishan Kanhaya Pal,
                                                                              Pooja Pal, Santosh Kr. Yadav Warsi, Shekhar
                                                                              Singh
                                     Counsel for Opposite Party(s)        :   G.A., Prabhat Shukla, Raj Narain, Raj Narain
                                                                              Pandey

                                    Court No. - 13
                                                             HON'BLE SAURABH LAVANIA, J.

                                    1. Case called out in revised list. No one has put in appearance on behalf of the
                                    applicant to press this application. However, learned counsel representing side
                                    opposite is present in the Court.

                                    2. It appears that the applicant and the counsel engaged by the applicant both have lost
                                    the interest in the case and are not interested in pursuing the application.

                                    3. It would be appropriate to refer two maxims:-

                                    (i) Vigilantibus non dormientibus jura subveniunt (The law assists only those who are
                                    vigilant, and not those who sleep over their rights); and

                                    (ii) Interest reipublicae ut sit finis litium (In the interest of the society as a whole, the
                                    litigation must come to an end).

                                    The above said two maxims are sister provisions, which would highlight and spotlight
                                    that the party seeking remedy before the Court should be vigilant, otherwise, the law
                                    would not come to their help and there should be end to litigation.

                                    4. Considering the aforesaid, this Court feels that the application should not be
                                    disposed of on merits and should be dismissed for non-prosecution. Accordingly, it is
                                    dismissed for non-prosecution. Interim order, if any, stands vacated.

                                    October 29, 2025
                                    Vinay/-
                                                                                                        (Saurabh Lavania,J.)




Digitally signed by :-
VINAY KUMAR
High Court of Judicature at Allahabad,
Lucknow Bench


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