Allahabad High Court
SURENDRA RAYversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The transfer application is dismissed for non‑prosecution.
Summary
Surendra Ray filed a transfer application under Section 125 of the Criminal Procedure Code seeking to move a family court case (No. 1022 of 2021) from Varanasi to the District Court, Ghazipur. The High Court directed the applicant to deposit Rs. 25,000 in the Mediation and Conciliation Centre, but the applicant failed to do so. The matter was listed for hearing, yet no counsel appeared on behalf of the applicant to press the application. The Court noted the applicant's non‑appearance and non‑compliance with the mediation order and dismissed the transfer application for non‑prosecution. Consequently, any interim order previously granted was vacated and the order was to be communicated to the trial court.
Issues considered
- Whether a transfer application under Section 125 Cr.P.C. can be entertained when the applicant fails to appear and does not comply with a mediation order.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 125
Subjects
- transfer of criminal case
- Section 125 CrPC
- non prosecution
- mediation order
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CRIMINAL) No. - 652 of 2023
Surendra Ray
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Bed Prakash Rai
Counsel for Opposite Party(s) : G.A.
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.
3. This application for transfer has been filed by the applicant
Surendra Ray with the following prayers:-
"It is, expedient in the interest of justice that this Hon'ble Court
may graciously be pleased to transfer the Case No. 1022 of
2021, (Priti Ray Vs. Surendra Ray and another), under section
125 Cr.P.C. Police Station- Shivpur, District Varanasi,
poending before Additional Principal Judge, Family Court No.
1, Varanasi to District Court, Ghazipur.
And/Or to pass such other further order which this Hon'ble
Court may deem fit and proper under the facts and
circumstances of the case."
4. The matter was referred to Mediation and Conciliation
Centre of this Court vide order dated 12.10.2023 for which the
applicant was directed to deposit Rs. 25,000/- within two
weeks in the Mediation Centre. As per the report dated
22.11.2023 of the Mediation Centre, the applicant did not
deposit the money as ordered till 21.11.2023.
5. Today, despite the matter being taken up in the revised list,
there is no representation on behalf of the applicant to press
this transfer application, the same is dismissed for non
prosecution.
6. Interim order, if any, stands vacated.
TACR No. 652 of 2023
2
7. Registrar (Compliance) to communicate this order to the trial
court concerned within two weeks.
March 18, 2026
Nisha
(Samit Gopal,J.)
Digitally signed by :-
nisha kumari
High Court of Judicature at Allahabad
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