Nasir Khan vs. State Of U.P.
AI Summary
Nasir Khan's transfer application under Section 407 CrPC was dismissed for non-prosecution by the Uttar Pradesh High Court on March 25, 2022, after the applicant failed to appear despite proper notice being served. This case illustrates the consequences of non-appearance in criminal transfer proceedings and the court's strict adherence to procedural requirements.
Case Identifiers
Petitioner's Counsel
Respondent's Counsel
eCourtsIndia AITM
Brief Facts Summary
Nasir Khan filed a transfer application under Section 407 CrPC in the Uttar Pradesh High Court, seeking to transfer an underlying criminal case to a different court. The application was registered on October 5, 2021, as Case No. 254/2021. The case was heard on multiple occasions before different judges. Notice was properly served on the opposite party (Shaiba Khan) on October 26, 2021. However, when the case came up for final consideration on March 25, 2022, the applicant failed to appear or be represented. Consequently, the court dismissed the application for non-prosecution.
Timeline of Events
Nasir Khan filed the transfer application in the High Court (Filing Number 93292/2021)
The application was registered as Transfer Application (Criminal) No. 254 of 2021
First hearing before Hon'ble Mohd. Aslam, J. Notice issued to opposite party no. 2 through Chief Judicial Magistrate concerned, returnable within four weeks. Case listed for week commencing 08.11.2021
Notice served personally on Shaiba Khan (opposite party no. 2)
Second hearing before Hon'ble Mohd. Aslam, J. None present on behalf of applicant and opposite party no. 2. Notice confirmed as properly served. Case listed for week commencing 13.12.2021 for consideration on bail application. Opposite party no. 2 directed to file counter affidavit
Case listed before Hon'ble Subhash Chandra Sharma, J. (transferred from previous judge)
Case listed for order
Final hearing before Hon'ble Anil Kumar Ojha, J. Applicant absent. Application dismissed for non-prosecution
Key Factual Findings
Notice on opposite party no. 2 (Shaiba Khan) was served personally on 26.10.2021
Source: Current Court Finding
Notice on opposite party no. 2 is held to be served sufficiently
Source: Current Court Finding
The applicant (Nasir Khan) was absent at the final hearing on 25.03.2022
Source: Current Court Finding
No counsel appeared on behalf of the applicant at the final hearing
Source: Current Court Finding
Primary Legal Issues
Secondary Legal Issues
Questions of Law
Statutes Applied
Petitioner's Arguments
The applicant Nasir Khan sought transfer of the underlying criminal case to a different court under Section 407 CrPC. The specific grounds for the transfer application are not detailed in the orders provided, but the applicant appeared through counsel (Bishram Tiwari and Rakesh Kumar Upadhyay) in the initial hearings.
Respondent's Arguments
The State of U.P. and Shaiba Khan opposed the transfer application. The Government Advocate appeared on behalf of the State. The specific arguments advanced by the respondents are not detailed in the orders, but their opposition to the transfer is evident from their participation in the proceedings.
Court's Reasoning
The court's reasoning for dismissal was straightforward and procedural in nature. In the final order dated March 25, 2022, Judge Anil Kumar Ojha noted that 'None responds the call on behalf of applicant' and that the applicant was absent. The court then stated: 'As the applicant is absent, this transfer application is dismissed for non-prosecution.' The court did not address the substantive merits of the transfer application, focusing instead on the procedural requirement of the applicant's presence or representation at the final hearing.
- Strict adherence to procedural compliance
- Emphasis on applicant's responsibility to appear or be represented
- No discretion exercised in favor of the absent applicant despite proper notice to opposite party
Specific Directions
- 1.Issue notice to opposite party no. 2 through Chief Judicial Magistrate concerned, returnable within four weeks
- 2.Opposite party no. 2 may file counter affidavit
Precedential Assessment
Persuasive (Other HC)
This is a single bench order from the Uttar Pradesh High Court dealing with a procedural matter (dismissal for non-prosecution). While it establishes the principle that transfer applications under Section 407 CrPC will be dismissed if the applicant fails to appear, it does not establish new law or overrule existing precedent. The decision is based on straightforward procedural non-compliance rather than novel legal interpretation. It would be persuasive authority for other High Courts but not binding.
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Disclaimer: eCourtsIndia (ECI) is not a lawyer and this analysis is generated by ECI AI, it might make mistakes. This is not a legal advice. Please consult with a qualified legal professional for matters requiring legal expertise.
Order Issued After Hearing
Purpose:
Fresh
Before:
Hon'ble Mohd. Aslam
Listed On:
7 Oct 2021
Order Text
Court No. - 70
Case :- TRANSFER APPLICATION (CRIMINAL) No. - 254 of 2021
Applicant :- Nasir Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bishram Tiwari,Rakesh Kumar Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam, J.
Learned counsel for the applicant and learned A.G.A for the State are present.
Issue notice to opposite party no. 2, through C.J.M. concerned, returnable within four weeks.
List in week commencing 08.11.2021.
Order Date :- 07.10.2021 Vinod.
Original Order Copy
Get a certified copy of this order