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2025 DAILYLAW 199837 (ALL)

Manoj Kumar v. Uma

TACR/74/2023 · 2025-10-08

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW TRANSFER APPLICATION (CRIMINAL) No. - 74 of 2023 Court No. - 13 HON'BLE SAURABH LAVANIA, J. 1. Case called out in revised list. 2. No one has put in appearance on behalf of the applicant to press this application filed under Section 407 of the Cr.P.C. seeking transfer of the Case No.254 of 2011 (Uma Vs. Manoj Kumar) under Section 12 of the Protection of the Women from Domestic Violence Act, 2005, pending in the Court of Special Additional Chief Judicial Magistrate, C.B.I. (A.P.), Lucknow. However, learned A.G.A. for the State is present. 3. It appears that the applicant and the counsel engaged by him have lost the interest in the case and are not interested in pursuing the application which is pending since 2023. 4. It would be appropriate to refer two maxims:- (i) Vigilantibus non dormientibus jura subveniunt (The law assists only those who are vigilant, and not those who sleep over their rights); and (ii) Interest reipublicae ut sit finis litium (In the interest of the society as a whole, the litigation must come to an end). 5. The above said two maxims are sister provisions, which would highlight and spotlight that the party seeking remedy before the Court should be vigilant, otherwise, the law would not come to their help and there should be Versus Counsel for Applicant(s) : Sameer Singh, Sakshi Singh, Vivek Gupta Counsel for Opposite Party(s) : Manoj Kumar .....Applicant(s) Uma .....Opposite Party(s) end to litigation. 6. Considering the aforesaid, this Court feels that the application should not be disposed of on merits and should be dismissed for non-prosecution. Accordingly, it is dismissed for non-prosecution. October 8, 2025 ML/- TACR No. 74 of 2023 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench