Allahabad High Court
SMT AMITA AGARWALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The transfer application is dismissed as the Rules for Video Conferencing for Courts, 2020 adequately address the applicant's inconvenience.
Summary
The applicant, Smt Amita Agarwal, a complainant in a criminal case under Section 406 IPC, filed a transfer application seeking to move the case from Agra to Bareilly on the ground of inconvenience. The respondent State opposed the transfer. The Court noted that the Rules for Video Conferencing for Courts in Uttar Pradesh, 2020, provide a digital alternative to address distance and convenience concerns, as recognized in Transfer Application (Criminal) No. 282 of 2021. It held that the existence of these rules negates any need to transfer the case to another district. Consequently, the transfer application was disposed of, with liberty granted to the applicant to apply for video‑conferencing under the Rules, and a direction that all courts must implement the Rules.
Issues considered
- Whether inconvenience of the complainant justifies transfer of a criminal case to another district.
- Whether the Rules for Video Conferencing for Courts, 2020 provide an adequate alternative, rendering transfer unnecessary.
Legislation cited
- Indian Penal Code — s. 406
Subjects
- criminal case transfer
- video conferencing
- convenience
- Section 406 IPC
- Uttar Pradesh
- judicial technology
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CRIMINAL) No. - 247 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.30160 of 2023 (Smt. Amita Agarwal Versus Pallavi
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. 247 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
Checking your session…