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Allahabad High Court

ANUJ RASTOGIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The transfer application is dismissed for non prosecution due to the applicant's absence.

Summary

The applicant, Anuj Rastogi, filed a criminal transfer application (No. 796 of 2023) before the Allahabad High Court. Although three counsels were listed for the applicant, none appeared to press the application. The matter had earlier been referred to the court's Mediation and Conciliation Centre, which resulted in a settlement agreement dated 17 March 2024. The court noted the absence of any representative for the applicant to argue the transfer request. Consequently, the court dismissed the transfer application for non prosecution and vacated any interim order, directing the registrar to inform the trial court.

Issues considered

  • What is the procedural requirement for a transfer application when the applicant is not present to prosecute it?

Subjects

  • criminal transfer
  • mediation
  • settlement agreement
  • non prosecution
  • dismissal
  • procedural default

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                             TRANSFER APPLICATION (CRIMINAL) No. - 796 of 2023

                                    Anuj Rastogi
                                                                                                 .....Applicant(s)
                                                                       Versus

                                    State of U.P. and Another
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)      : Aditya Sharma,          Rajneesh     Sharma,
                                                                    Virendra Singh
                                    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 despite the fact that there are three learned counsels appearing
                                    on behalf of the applicant.

                                    3. This matter was referred to mediation and Conciliation Centre of this
                                    Court vide order dated 13.12.2023 passed by a co-ordinate bench of this
                                    Court.

                                    4. As per the report of the Mediation Centre, the mediation has succeeded
                                    and a final settlement agreement dated 17.03.2024 has been entered into
                                    between the parties which is on record.

                                    5. Since, there is no one present to press this transfer application, the same
                                    is dismissed for non prosecution.

                                    6. Interim order, if any, stands vacated.

                                    7. Registrar (Compliance) to communicate this order to the trial court
                                    concerned within two weeks.


                                                                                                (Samit Gopal,J.)
                                    March 18, 2026
                                    Nisha




Digitally signed by :-
nisha kumari
High Court of Judicature at Allahabad


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