Dismissed¶¶14

Rashid Anwar v. State of U.P. and Another

Allahabad HC17 Mar 2026TACR/538/2022

Case brief

AI extract

What is this about?

Allahabad High Court; Transfer Application (Criminal) No. 538 of 2022; TACR; Section 407 Cr.P.C.; transfer of sessions trial; S.T. No. 226 of 2020 (State Vs. Rashid Anwar); Case Crime No. 25/2016; Sections 498-A, 323, 313, 504, 506, 354, 376 IPC; Sections 3/4 D.P. Act (Dowry Prohibition Act); Police Station Mahila Thana, District Hathras; Additional District Judge/F.T.C. I, Hathras; adjoining Sessions Division; dismissal for want of prosecution; non-prosecution; no appearance by applicant's counsel in revised list; counter affidavit 08.05.2023; no rejoinder affidavit; interim order vacated; pending applications disposed; Registrar (Compliance) direction; Samit Gopal, J.; decided March 18, 2026.

What did the court decide?

None; the transfer application was dismissed for want of prosecution and the interim order, if any, stands vacated.

Rashid Anwar Vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

None; the transfer application was dismissed for want of prosecution and the interim order, if any, stands vacated.

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Issue for consideration

Whether S.T. No. 226 of 2020 (State Vs. Rashid Anwar), Case Crime No. 25/2016, under sections 498-A, 323, 313, 504, 506, 354, 376 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Hathras, pending before Additional District Judge/F.T.C. I, Hathras, should be transferred to an adjoining Sessions Division (raised by the transfer application but not decided on merits, the application being dismissed for want of prosecution).

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Court's answer

The transfer application is dismissed for want of prosecution, as no one appeared on behalf of the applicant to press it even in the revised list.

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Ratio / Principle

The interim order, if any, stands vacated.

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Key takeaways

Pending application(s), if any, stand disposed of.ratio¶¶18
Registrar (Compliance) is directed to communicate this order to the concerned court within two weeks.ratio¶¶19

Detailed headnote1 paragraphs

Transfer Application (Criminal) No. 538 of 2022 under Section 407 Cr.P.C., High Court of Judicature at Allahabad (Samit Gopal, J.) — Applicant Rashid Anwar sought transfer of S.T. No. 226 of 2020 (State Vs. Rashid Anwar), Case Crime No. 25/2016, under sections 498-A, 323, 313, 504, 506, 354, 376 IPC and 3/4 D.P. Act, Police Station Mahila Thana, District Hathras, from the court of Additional District Judge/F.T.C. I, Hathras to an adjoining Sessions Division, with a further prayer for stay of the trial during pendency of the transfer application. Counter affidavit dated 08.05.2023 of opposite party no.2 was on record but no rejoinder affidavit was filed. No one appeared for the applicant even in the revised list to press the application. Held: (i) transfer application dismissed for want of prosecution; (ii) interim order, if any, stands vacated; (iii) pending application(s), if any, stand disposed of; (iv) Registrar (Compliance) to communicate the order to the concerned court within two weeks. The transfer question itself was not decided on merits.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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TRANSFER APPLICATION (CRIMINAL) No. - 538 of 2022

Rashid Anwar

.....Applicant(s)

Versus

State of U.P. and Another

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	.....Opposite Party(s)
Counsel for Applicant(s)	: Upendra Upadhyay
Counsel for Opposite Party(s)	: Arvind Kumar Tiwari, G.A.
Court No.- 53

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HON'BLE SAMIT GOPAL, J.

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List revised.

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No one appears on behalf of the applicant to press this transfer application. Sri Arvind Kumar Tiwari, learned counsel for the opposite party no.2 and Sri V.D. Ojha, learned counsel for the State are present.

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The present transfer application under Section 407 Cr.P.C. has been filed by the applicant- Rashid Anwar, with the prayer to allow the present Transfer Application and transfer the S.T. No. 226 of 2020 of 2020 (State Vs. Rashid Anwar), Case Crime No. 25 / 2016, under section 498-A, 323, 313, 504, 506, 354, 376 I.P.C. & 3/4 D.P. Act, Police Station Mahila Thana, District Hathras pending in the court of Additional District Judge/F.T.C. I, Hathras to some other adjoining Sessions Division, with a further prayer that proceeding of the aforesaid case be stayed during the pendency of the present transfer application.

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Although counter affidavit dated 08.05.2023 on behalf of the opposite party no.2 is on record but no rejoinder affidavit to the same is on record.

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Learned counsel for the opposite party no.2 submits that he has not been served any rejoinder affidavit to the same till date.

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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.

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