Allahabad High Court
SMT. TANMAYEE RAGHUVANSHIversusSHUBHAM SINGH
- Decided
- Bench
- SAMIT GOPAL
Holding
The transfer application is dismissed for want of prosecution.
Summary
The applicant, Smt. Tanmayee Raghuvanshi, filed a transfer application under Section 407 of the Criminal Procedure Code seeking to move a criminal case (Case No. 172/2023) from the District and Sessions Judge, Jaunpur to the District and Sessions Judge, Varanasi, alleging potential irreparable loss if the transfer is not granted. The application listed multiple counsels for the applicant, but none appeared in court to argue the petition. The opposite party's counsel was also absent, while the State's counsel was present. The court noted that a similar lack of representation occurred on 12 February 2026, leading to an adjournment in the interest of justice. On the present date, the court dismissed the transfer application for want of prosecution, noting no interim orders were passed and directing the registrar to communicate the order.
Issues considered
- Whether the transfer application under Section 407 Cr.P.C. should be entertained in the absence of any representation by the applicant.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 407
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 354, 392, 498, 504
Subjects
- transfer of criminal case
- Section 407 Cr.P.C.
- want of prosecution
- adjournment
- irreparable loss
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CRIMINAL) No. - 609 of 2023
Smt. Tanmayee Raghuvanshi
.....Applicant(s)
Versus
Shubham Singh
.....Opposite
Party(s)
Counsel for Applicant(s) : Amrendra Pratap Singh, Niraj Kumar
Dwivedi, Shashi Prabha Pandey, Vijai
Prakash Yadav
Counsel for Opposite Party(s) : Ram Sevak 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
despite the fact that there are four learned counsels appearing in the matter.
Sri Ram Sevak Yadav, learned counsel for the opposite party is 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. Tanmayee Raghuvanshi, with the prayer to to allow
the application and transfer the Case no 172/2023 (Smt. Tanmayee singh
Versus Shubham singh) under section 392,354, 323,504, 498 IPC and 3/4
D.P Act police station Baksa District Jaunpur, pending in the court of
District and Session Judge, Jaunpur to the court of District and Session
Judge, Varanasi, otherwise the petitioner shall suffer an irreparable loss and
injury, during the pendency of the instant Transfer application. 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. The records show that previously on 12.02.2026 there was no
representation on behalf of the applicant but in the interest of justice the
matter was adjourned.
5. Today again since there is no representation on behalf of the applicant to
press this transfer application even in the revised list, the same is dismissed
TACR No. 609 of 2023
2
for want of prosecution.
6. The records do not show passing any interim order in the present matter.
7. Pending application(s), if any, shall stand disposed of.
8. 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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