Allahabad High Court
SMT. AMITA AGARWALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The transfer of the criminal case is not warranted as the video‑conferencing provisions under the Rules of 2020 adequately address the litigant's inconvenience.
Summary
The applicant, Smt. Amita Agarwal, filed a transfer application seeking to move Criminal Case No.30159 of 2023 (under Section 406 IPC) from Agra to Bareilly on the ground of inconvenience. The court noted that the Uttar Pradesh Rules for Video Conferencing (2020) provide a digital alternative that addresses distance, threat perception, and convenience for litigants. Citing the precedent in Transfer Application (Criminal) No. 282 of 2021 (Sunita Devi v. State of U.P.), the court held that the existence of such rules negates the need for physical transfer. Consequently, the transfer application was dismissed, but the applicant was directed to apply for video‑conferencing under the Rules. The court ordered all authorities to implement the video‑conferencing provisions promptly.
Issues considered
- Whether inconvenience of the complainant justifies transfer of a criminal case to another district.
- Whether the availability of video‑conferencing facilities under the Uttar Pradesh Rules of 2020 obviates the need for transfer.
Legislation cited
- Indian Penal Code — s. 406
Subjects
- transfer of criminal case
- video conferencing
- litigant convenience
- Uttar Pradesh Rules 2020
- Section 406 IPC
- high court jurisdiction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CRIMINAL) No. - 244 of 2026
Smt. Amita Agarwal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Brijesh Kumar Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 73
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the
State.
2. The present transfer application has been filed for transfer of the
Criminal Case No.30159 of 2023 (Smt. Amita Agarwal Versus Yogendra
Pal Singh), under Section 406 I.P.C., Police Station Chhatta, District
Agra, pending in the court Additional Chief Judicial of Magistrate-IInd,
Agra, District Agra to parallel court Bareilly, District Bareilly.
3. Learned counsel for the applicant submits that applicant is the
complainant and is seeking transfer of criminal case on the ground of
inconvenience.
4. This Court in Transfer Application (Criminal) No. 282 of 2021 (Smt.
Sunita Devi Vs. State of U.P. and another), decided on 2nd August,
2022, has recognized the right of the litigant to participate in the judicial
proceedings through video conferencing facility in pursuance to the Rules
for Video Conferencing for Courts in the State of Uttar Pradesh, 2020 (for
brevity hereinafter referred to as "Rules of 2020").
5. Comprehensive rules have been put in place to adopt the technology in
judicial proceedings in order to enable the litigants to approach the court
through digital mode. The Rules of 2020 gives choice to the litigant to
approach court using digital technology. Various checks and balances
have been provided under the aforesaid Rules of 2020 to protect the
TACR No. 244 of 2026
2
sanctity of the judicial process.
6. The Rules of 2020 effectively address the concern of the litigants
including the distance factor, threat perception and convenience. Once the
Rules of 2020 have been notified in exercise of powers under Article 225
and 227 of the Constitution of India, for providing video conferencing
facility to the litigant in the Courts and such an alternative channel will be
able to address the concerns of the litigant as has been raised in the
present transfer application. No ground for transfer of the case from one
district to another is made out in view of the law laid down in Transfer
Application (Criminal) No. 282 of 2021 (Smt. Sunita Devi Vs. State of
U.P. and another), decided on 2nd August, 2022.
7. Under the circumstances, the present transfer application is disposed of
with the liberty to the applicant to apply under Rules for Video
Conferencing for Courts in the State of Uttar Pradesh, 2020 for video
conference facility in judicial proceedings. It is hereby provided that in
case any application is preferred by the applicant under the aforesaid
Rules, the court/authority concerned shall be obliged under law to pass an
appropriate order in accordance with law at the earliest. It is hereby
directed that all courts and authorities shall act in aid of the Rules for
Video Conferencing for Courts in the State of Uttar Pradesh, 2020.
(Vikram D. Chauhan,J.)
April 23, 2026
VMA
Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad
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