Allahabad High Court
AKHATARI BEGAMversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The transfer application is dismissed for want of prosecution.
Summary
The applicant, Akhatari Begam, filed a transfer application under Section 407 of the Criminal Procedure Code seeking to move a domestic violence case (case No. 415 of 2019) from the Judicial Magistrate Court in Jalaun to another district court and also requested a stay of proceedings. No counsel appeared on behalf of the applicant to argue the application, and the opposite party's counsel was also absent, though the State's counsel was present. The court noted the lack of representation for the applicant and dismissed the transfer application for want of prosecution. No interim order was recorded in the case file. The court directed that the order be communicated to the concerned court within two weeks, and any pending applications, if any, are to stand disposed of.
Issues considered
- Whether a transfer application under Section 407 Cr.P.C. can be entertained in the absence of representation by the applicant.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 407
- Domestic Violence Act — s. 12
Subjects
- transfer of criminal case
- Section 407 CrPC
- Domestic Violence Act
- procedural default
- want of prosecution
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CRIMINAL) No. - 533 of 2023
Akhatari Begam
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Lakshman Singh
Counsel for Opposite Party(s) : G.A., Kalp Dev Mishra
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 Kalp
Dev Mishra, learned counsel for the opposite party no.2 is also not present even when
the matter is taken in the revised list. Sri Shashikant Pandey, learned counsel for the
State is present.
3. The present transfer application under Section 407 Cr.P.C. has been filed by the
applicant- Akhatari Begam, with the prayer to Transfer the case No 415 of 2019 (Smt
Firaj Vs Muniuddin) under section 12 Domestic Violence Act at police station
Mauranipur District Jhansi fom the court of Judicial Magistrate Jalaun at Orai to any
other court of other district pending in the court of Judicial Magistrate Mauranipur
Jhansi from the district court Jalaun at Orai or other competent district, with a further
prayer that proceeding of the aforesaid case be stayed during the pendency of the
present transfer application.
4. 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.
5. The records do not show passing any interim order in the present matter.
6. Pending application(s), if any, shall stand disposed of.
7. 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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