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Allahabad High Court

SHIV KESHARWANI ALIAS ARUN KUMARversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The transfer application is dismissed as withdrawn, with liberty granted to the applicant to challenge any future rejection of the transfer.

Summary

The applicant, Shiv Kesharwani, filed a criminal transfer application before the Allahabad High Court. During the hearing, counsel for the applicant requested permission to withdraw the application while retaining the right to challenge any future rejection of the transfer. The court granted this request, dismissing the transfer application as withdrawn and expressly allowing the applicant to raise the issue again before the appropriate forum. No substantive merits of the transfer request were considered. The court ordered the return of any certified copy after a photocopy is made.

Issues considered

  • Whether the applicant may withdraw a pending criminal transfer application.
  • Whether the applicant retains the right to challenge a future rejection of the transfer application after withdrawal.

Subjects

  • criminal procedure
  • transfer of trial
  • withdrawal of application
  • court discretion
  • procedural law

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                TRANSFER APPLICATION (CRIMINAL) No. - 580 of 2026

                                    Shiv Kesharwani Alias Arun Kumar
                                                                                                .....Applicant(s)
                                                                       Versus

                                    State of U.P. and Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Ravi Kesharwani, Vashnavi Kesarwani,
                                                                    Vindeshwari Prasad
                                    Counsel for Opposite Party(s) : G.A.

                                    Court No. - 55
                                                      HON'BLE VIKRAM D. CHAUHAN, J.

                                    1. After some argument, learned counsel for applicant submits that he
                                    may be permitted to withdraw the present transfer application with liberty
                                    to challenge the rejection of transfer application in accordance with law
                                    before appropriate forum.

                                    2. Accordingly, the transfer application is dismissed as withdrawn 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.)
                                    September 18, 2026
                                    D. Tamang




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

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