Allahabad High Court
SMT NEELAMversusSTATE OF U.P. NAD 5 OTHERS
- Decided
- Bench
- SAMIT GOPAL
Holding
The transfer application was dismissed for want of prosecution due to lack of representation and failure to serve notice on opposite parties.
Summary
Smt Neelam filed a transfer application under Section 407 of the Criminal Procedure Code seeking to move a criminal case (State vs Indrapal & others) from Hasanpur, Amroha to Moradabad. The application required service of notice on opposite parties, but the court’s office report indicated that no steps had been taken to serve the notice despite extensions. No counsel appeared on behalf of the applicant to press the application, and the opposite party’s counsel was present. The court found that the transfer application could not proceed without representation and proper service, and therefore dismissed it for want of prosecution. No interim order was recorded, and any pending applications were ordered disposed.
Issues considered
- What is the procedural requirement for a transfer application under Section 407 Cr.P.C. regarding representation and service of notice?
- Can a transfer application be entertained if the applicant is not represented in court?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 407
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 354, 498-A, 504
Subjects
- transfer of criminal case
- Section 407 CrPC
- procedural dismissal
- want of prosecution
- notice service
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CRIMINAL) No. - 576 of 2022
Smt Neelam
.....Applicant(s)
Versus
State Of U.P. Nad 5 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Rakesh Kumar Verma
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 02.01.2023 notice was issued to the opposite party nos. 2
to 6. The office through its report dated 04.02.2023 has reported that steps
have not been taken and thus notice could not be issued. Subsequently vide
order dated 16.02.2023 a month's time was granted to take fresh steps to
learned counsel for the applicant. As per the office report dated 22.08.2023
steps have not been taken for service of notice on the opposite parties.
4. The present transfer application under Section 407 Cr.P.C. has been filed
by the applicant- Smt Neelam, with the prayer to allow the present Transfer
Application and be pleased to transfer the Case No. 846/2019 (State Vs.
Indrapal & others), under Section 498-A, 323,504,354 I.P.C. & Section 3/4
Dowry Prohibition Act, Police Station Hasanpur, arising out Case Crime No.
312 of 2017, District Amroha at present pending in the court of Ld. Civil
Judge, Jr. Division/Judicial Magistrate, Hasanpur, District Amroha to
District Moradabad., and/or pass such other and further order, which this
Hon'ble Court may deem fit and proper in the circumstances of the case.
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. The records do not show passing any interim order in the present matter.
TACR No. 576 of 2022
2
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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