High Court of Judicature at Allahabad
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Smt. Manisha Tandon v. State Of U.P. & Others - TRANSFER APPLICATION (CRIMINAL) No. 523 of 2002  RD-AH 5158 (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. 225997 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. However, he submitted that this power can be exercised under section 482 Cr.P.C. I do not find any force in this submission. 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 she 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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