Allahabad High Court

SMT AMITA AGARWALversusSTATE OF U.P. AND ANOTHER

Decided: 22 April 2026
Bench: VIKRAM D CHAUHAN

Holding

The Court dismissed the transfer application, holding that the video‑conferencing rules adequately address the applicant’s inconvenience and no ground exists for a territorial transfer.

Summary

The applicant, Smt Amita Agarwal, filed a transfer application seeking to move Criminal Case No.30158 of 2023 (under Section 406 IPC) from the Additional Chief Judicial Magistrate‑II, Agra to a parallel court in Bareilly, citing inconvenience. The respondent State opposed the transfer. The Court referred to its earlier decision in Transfer Application (Criminal) No. 282 of 2021 (Smt Sunita Devi v. State of U.P.) which upheld the litigant’s right to participate via video‑conferencing under the Rules for Video Conferencing for Courts in Uttar Pradesh, 2020. It held that the Rules provide an adequate alternative to address distance and convenience concerns, and therefore no statutory ground exists for a territorial transfer. Consequently, the transfer application was dismissed, but the Court directed the applicant to seek video‑conferencing facilities under the Rules, which authorities must grant promptly.

Issues considered

Whether inconvenience of the complainant justifies transfer of a criminal case from one district to another.
Whether the Rules for Video Conferencing for Courts in Uttar Pradesh, 2020, provide an alternative remedy that obviates the need for transfer.

Legislation cited

Indian Penal Code — s. 406

Subjects

criminal case transfer
video conferencing
convenience
jurisdiction
Section 406 IPC
Uttar Pradesh Rules 2020
High Court of Allahabad

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CRIMINAL) No. - 245 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.30158 of 2023 (Smt. Amita Agarwal Versus Laxmi
Sharma), under Section 406 I.P.C., Police Station Chhatta, District Agra,
pending in the court of Additional Chief Judicial 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. 245 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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