Allahabad High Court
ANKITA SINGHversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- SAMIT GOPAL
Holding
A transfer application under Section 407 Cr.P.C. must be prosecuted; if the applicant is not present to press the application, it is dismissed for want of prosecution.
Summary
Ankita Singh filed a transfer application under Section 407 of the Criminal Procedure Code seeking to move a criminal case (Cr.No. 17114 of 2023) from the Chief Judicial Magistrate, Ghazipur to Ballia, alleging that staying in Ghazipur would cause her irreparable loss. The application listed several offences including Sections 498A, 323, 506, 420 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. No counsel appeared on behalf of the applicant when the matter was listed, and the opposite parties' counsels were also absent. The court held that an application must be actively prosecuted and, in the absence of the applicant’s representation, it could not be entertained. Consequently, the transfer application was dismissed for want of prosecution. The order also directed the registrar to inform the concerned court.
Issues considered
- Can a transfer application under Section 407 Cr.P.C. be entertained in the absence of the applicant's representation?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 407
- Dowry Prohibition Act, 1961 — s. 3, 4
- Indian Penal Code — s. 323, 420, 498A, 506
Subjects
- transfer of criminal case
- Section 407 CrPC
- procedural dismissal
- want of prosecution
- criminal jurisdiction
- dowry prohibition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CRIMINAL) No. - 592 of 2023
Ankita Singh
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite Party(s)
Counsel for Applicant(s) : Rishabh Kumar
Counsel for Opposite Party(s) : G.A., Narendra Kumar Shukla, Yatindra
Singh
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
Yatindra Singh and Sri Narendra Kumar Shukla, learned counsels for the opposite
party nos.2 & 3 are 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- Ankita Singh, with the prayer to to transfer the Criminal Case No. 17114 of
2023 pending before the Chief Judicial Magistrate, Ghazipur, arising out of Case
Crime No. 0142 of 2022, under Sections 498A, 323, 506, 420 of I.P.C. and Section
3/4 Dowry Prohibition Act, 1961, Police Station-Kotwali, District-Ghazipur to the
another Districts i.e. Ballia in the interest of Justice, otherwise the applicant shall
suffer irreparable loss and injury. And/or pass such other and further order which this
Hon'ble Court may deem fit in 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
Checking your session…