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  RD-AH 5087 (3 March 2006)
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.
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