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Allahabad High Court

IRSHAD ALI ALIAS SHERUversusMUID IMTIYAZ AND 2 OTHERS

Decided

Holding

The transfer application was dismissed as not pressed, with liberty to re‑file.

Summary

Irshad Ali alias Sheru filed a criminal transfer application (No. 281 of 2026) against Muid Imtiyaz and two others. The applicant's counsel, Balbir Yadav, informed the court that the applicant no longer wishes to pursue the transfer and sought dismissal of the petition, citing inherent defects and requesting liberty to file a fresh application. The High Court examined the submission and found no objection to dismissing the petition as not pressed. Consequently, the court dismissed the transfer application, granting the applicant permission to re‑file if desired. The certified copy of the petition, if any, was to be returned to counsel after a photocopy was retained.

Issues considered

  • Whether the transfer application should be dismissed as not pressed?

Subjects

  • criminal procedure
  • transfer application
  • dismissal
  • not pressed
  • re‑filing

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                TRANSFER APPLICATION (CRIMINAL) No. - 281 of 2026

                                    Irshad Ali Alias Sheru
                                                                                                .....Applicant(s)
                                                                       Versus

                                    Muid Imtiyaz And 2 Others
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)                          :    Balbir Yadav
                                    Counsel for Opposite Party(s)                     :    G.A.

                                    Court No. - 73
                                                      HON'BLE VIKRAM D. CHAUHAN, J.

                                    1. Ms. Puja Yadav, Advocate holding brief of Sri Balbir Yadav, learned
                                    counsel for applicant submits that she does not intend to press the transfer
                                    application and the same may be dismissed as not pressed with liberty to
                                    file afresh as there are inherent defects.

                                    2. Accordingly, the petition is dismissed as not pressed with aforesaid
                                    liberty.

                                    3. Certified copy, if any, shall be returned to learned counsel for applicant
                                    after keeping a photo copy of the same.



                                                                                      (Vikram D. Chauhan,J.)
                                    May 5, 2026
                                    D. Tamang




Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad


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