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Allahabad High Court

SMT. PINKI DEVIversusSTATE OF U.P. AND 6 OTHERS

Decided

Holding

The transfer application is dismissed for want of prosecution.

Summary

Smt. Pinki Devi filed a criminal miscellaneous transfer application under Section 407 of the Criminal Procedure Code seeking to move a case involving offences under Sections 498‑A, 323, 504 IPC and the Dowry Prohibition Act from the Judicial Magistrate, Bhoganipur, Kanpur Dehat to another district, alleging that she would suffer irreparable loss if the case remained. No counsel appeared on behalf of the applicant when the matter was listed, and the opposite side’s counsel was partially absent. The High Court observed that the application could not be prosecuted in the absence of representation for the applicant. Consequently, the court dismissed the transfer application for want of prosecution. No interim order was recorded, and any pending applications were ordered disposed.

Issues considered

  • Whether a transfer application under Section 407 Cr.P.C. can be entertained in the absence of representation for the applicant.

Legislation cited

Subjects

  • criminal case transfer
  • Section 407 CrPC
  • want of prosecution
  • dismissal
  • procedural default

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               TRANSFER APPLICATION (CRIMINAL) No. - 583 of 2022

                                    Smt. Pinki Devi
                                                                                                            .....Applicant(s)
                                                                             Versus
                                    State Of U.P. And 6 Others
                                                                                                       .....Opposite Party(s)

                                    Counsel for Applicant(s)                    :     Arun Kumar Bajpai
                                    Counsel for Opposite Party(s)               :     G.A., Mahender Pal Singh Yadav

                                    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
                                    Mahender Pal Singh Yadav, learned counsel for the opposite party no.2 is also not
                                    present even when the matter is taken in the revised list. Sri V.D. Ojha, learned
                                    counsel for the State is present.

                                    3. The present transfer application under Section 407 Cr.P.C. has been filed by the
                                    applicant- Smt. Pinki Devi, with the prayer to allow the present Criminal Misc.
                                    Transfer Application and to direct the court below to transfer the Case No. 484 of
                                    2021 (State Vs. Shashi Kumar Kashyap and others), Case Crime No. 79 of 2020,
                                    Under Sections 498-A, 323 and 504 I.P.C., Section 3/4 of Dowry Prohibition Act,
                                    Police Station-Amrahat, District-Kanpur Dehat pending in the court of Judicial
                                    Magistrate, Bhoganipur, Kanpur Dehat from district Kanpur Dehat to any other
                                    districts like-Fatehpur or any other district of Uttar Pradesh otherwise the applicant
                                    shall suffer irreparable loss and injury and/or to pass such other or further order which
                                    this Hon'ble Court may deem fit and proper under the facts and circumstances of the
                                    case.


                                    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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