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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

The applicant, Smt. Pinki Devi, filed a criminal transfer application under Section 407 of the Criminal Procedure Code seeking to move a domestic violence case (Case No. 121 of 2020) from the Judicial Magistrate Court, Bhoganipur, Kanpur Dehat to the District Court, Fatehpur, invoking Section 12 of the Protection of Women from Domestic Violence Act, 2005. No counsel appeared on behalf of the applicant when the matter was listed, and the opposite party's counsel was also absent. The court noted the lack of representation for the applicant and dismissed the transfer application for want of prosecution. No interim order was found in the records, and any pending applications were ordered disposed. The registrar was directed to communicate the order to the concerned court.

Issues considered

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

Legislation cited

Subjects

  • criminal transfer
  • Section 407 CrPC
  • want of prosecution
  • Domestic Violence Act
  • procedural law

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               TRANSFER APPLICATION (CRIMINAL) No. - 591 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 Criminal Misc. Transfer
                                    Application and transfer the Case No. 121 of 2020 (Smt. Pinki Devi Vs. Shashi Kumar
                                    Kashyap and others) under Section 12 of the Prevention of Women from. Domestic
                                    Violence Act, 2005 pending in the court of the learned Judicial Magistrate,
                                    Bhoganipur Kanpur Dehat to District Court, Fatehpur, 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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