Allahabad High Court
SHIV KESHARWANI ALIAS ARUN KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
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The transfer application is dismissed as withdrawn, with liberty granted to the applicant to challenge any future rejection of the transfer.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 The court granted this request, dismissing the transfer application as withdrawn and expressly allowing the applicant to raise the issue again before the appropriate forum.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 Accordingly, the transfer application is dismissed as withdrawn with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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