Allahabad High Court
RASHID ANWARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
A transfer application under Section 407 Cr.P.C. must be dismissed if the applicant does not appear or prosecute the application.
Summary
The applicant, Rashid Anwar, filed a transfer application under Section 407 of the Criminal Procedure Code seeking to move a criminal case (S.T. No. 226 of 2020) to another Sessions Division and to stay the proceedings. No counsel appeared on behalf of the applicant to press the application, and while the opposite party filed a counter‑affidavit, no rejoinder was filed. The court noted the absence of any representation for the applicant and dismissed the transfer application for want of prosecution. Consequently, the interim order previously granted was vacated and any pending applications were ordered disposed. The order was communicated to the concerned court within two weeks.
Issues considered
- Can a transfer application under Section 407 Cr.P.C. be entertained when the applicant fails to appear or prosecute the application?
- Should the application be dismissed for want of prosecution in the absence of the applicant's representation?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 407
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 313, 323, 354, 376, 498-A, 504, 506
Subjects
- Transfer of criminal case
- Section 407 CrPC
- Dismissal for want of prosecution
- Interim order vacated
- Representation before court
- Criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CRIMINAL) No. - 538 of 2022
Rashid Anwar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Upendra Upadhyay
Counsel for Opposite Party(s) : Arvind Kumar Tiwari, 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 Arvind Kumar Tiwari, learned counsel for the opposite party
no.2 and Sri V.D. Ojha, learned counsel for the State are present.
3. The present transfer application under Section 407 Cr.P.C. has been filed
by the applicant- Rashid Anwar, with the prayer to allow the present
Transfer Application and transfer the S.T. No. 226 of 2020 of 2020 (State
Vs. Rashid Anwar), Case Crime No. 25 / 2016, under section 498-A, 323,
313, 504, 506, 354, 376 I.P.C. & 3/4 D.P. Act, Police Station Mahila Thana,
District Hathras pending in the court of Additional District Judge/F.T.C. I,
Hathras to some other adjoining Sessions Division, with a further prayer that
proceeding of the aforesaid case be stayed during the pendency of the
present transfer application.
4. Although counter affidavit dated 08.05.2023 on behalf of the opposite
party no.2 is on record but no rejoinder affidavit to the same is on record.
5. Learned counsel for the opposite party no.2 submits that he has not been
served any rejoinder affidavit to the same till date.
6. 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.
7. Interim order, if any, stands vacated.
TACR No. 538 of 2022
2
8. Pending application(s), if any, shall stand disposed of.
9. 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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