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HUKUM SINGH RATHOR versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

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Hukum Singh Rathor v. State Of U.P. & Another - TRANSFER APPLICATION (CRIMINAL) No. 573 of 2002 [2006] RD-AH 5087 (3 March 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble  R.K.Rastogi,J.:

Heard learned counsel for the applicant and  learned A.G.A. for the State.

The applicant has moved Crl. Misc. Recall Application no. 211530 of 2005 for recalling the order 21.10.2005, whereby  the transfer application of the applicant was dismissed in default.

When this  application was put up before me for hearing,  I asked the learned counsel for the applicant to show me provision of law under which transfer application moved on criminal side, which had been dismissed in default of the applicant, can be restored. He failed to show any such provision of law in support of his prayer  for restoration of the transfer application. There is no provision  in the Criminal Procedure Code for restoring the  transfer application. The only remedy available to the applicant in such a case is to move fresh transfer application if he  has got any grievance. However, the application  for restoration of the transfer application is not maintainable and it is hereby rejected.

Dated:3.3.2006

RPP/Crl.TA. 573/2002


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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