Allahabad High Court

RASHMI PATRAversusSTATE OF U.P. AND ANOTHER

Decided: 5 May 2026
Bench: VIKRAM D CHAUHAN

Holding

The court held that there is no ground for transferring the case and the applicant may seek video‑conferencing under the Rules for Video Conferencing for Courts in Uttar Pradesh, 2020.

Summary

Rashmi Patra filed a transfer application seeking to move a criminal proceeding from the Court No.‑01, Mathura to the Court No.‑01, Varanasi, invoking Section 173(4) of the BNSS and also requesting permission to appear via video‑conferencing. The applicant argued that video‑conferencing would serve the ends of justice. The court referred to its earlier decision in Sunita Devi v. State of U.P., which recognized a litigant’s right to participate through video‑conferencing under the Uttar Pradesh Rules for Video Conferencing for Courts, 2020. It held that the Rules, promulgated under Articles 225 and 227 of the Constitution, adequately address the applicant’s concerns and that no statutory ground exists for transferring the case to another district. Consequently, the transfer application was disposed of, and the applicant was directed to file a separate application under the Rules to obtain video‑conferencing facilities.

Issues considered

Whether there are sufficient grounds to transfer the criminal case from Mathura to Varanasi.
Whether the applicant is entitled to appear before the court via video‑conferencing under the Uttar Pradesh Rules for Video Conferencing for Courts, 2020.

Legislation cited

Bihar National Security Act (BNSS) — s. 173(4)
Constitution of India — s. 225, 227

Subjects

transfer of criminal case
video conferencing
judicial technology
Section 173(4)
Constitutional provisions
Uttar Pradesh Rules 2020

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

TRANSFER APPLICATION (CRIMINAL) No. - 282 of 2026

Rashmi Patra
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Indu Tewari, Ravi Kant Shukla,
Swatantra Kumar Tiwari
Counsel for Opposite Party(s) : G.A.

Court No. - 73
HON'BLE VIKRAM D. CHAUHAN, J.

1. Heard learned counsel for applicant and learned AGA for the State.

2. The present transfer application has been filed with the following prayer:

"अत: माननीय न्यायालय से सिवन्ा िनवेदन है िक न्यायालय अपर मुख्य न्याियक मिजस््िेट, न्यायालय संख्या
-01, मथुरा के सम्ष लिम्बत ्ऺकीणर् ्ऺाथर्ना प्ऴ संख्या 3212 वषर् 2025 रिश्म पा्ऴा बनाम राजेन््श ्ऺसाद
शमार् अन्तगर्त धारा 173 (4) भारतीय नागिरक सुर्षा संिहता, थाना सदर बाजार, जनपद मथुरा को जनपद
मथुरा से जनपद वाराणसी में िस्थित स्षम / समथर् न्यायालय के सम्ष अन्तिरत करने की महती कृपा करें।

माननीय न्यायालय की दि्ि में अन्य कोई न्यायोिचत यथासम्भव आदेश, िनदरॏश, उपषम/अनुतोष आवेिदका के
प्ष में पािरत व ्ऺदान करने की महती कृपा करें।"

3. Learned counsel for the applicant submits that an application is filed by
applicant under Section 173(4) of BNSS for lodging of First Information
Report against opposite party. Learned counsel for applicant further submits
that ends of justice would be served in the event, applicant is permitted to
appear before the court concerned through video conferencing.

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
TACR No. 282 of 2026
2

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 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.

May 6, 2026
D. Tamang
(Vikram D. Chauhan,J.)

Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad

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