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Allahabad High Court

AIJAZ AHAMADversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court held that transfer is unwarranted where the litigant can be enabled to appear via video conferencing under the Uttar Pradesh Rules for Video Conferencing for Courts, 2020.

Summary

The applicant, Aijaz Ahamad, filed a transfer application seeking to move a Section 125 Cr.P.C. maintenance case (Case No.1188 of 2022) from the Family Court in Aligarh to another district court, alleging threat to his safety. He argued that his participation via video conferencing would serve the ends of justice. The court referred to its earlier decision in Transfer Application (Criminal) No. 282 of 2021, which recognized a litigant's right to appear through video conferencing under the Rules for Video Conferencing for Courts in Uttar Pradesh, 2020. It noted that the Rules provide adequate safeguards and address concerns of distance, threat perception, and convenience. Consequently, the court found no merit in ordering a transfer and directed the applicant to seek video‑conferencing facilities under the Rules. The transfer application was therefore dismissed, with liberty granted to the applicant to apply for a video‑conference hearing.

Issues considered

  • Whether a criminal case under Section 125 Cr.P.C. should be transferred to another district court on the ground of threat to the applicant.
  • Whether the applicant can be permitted to participate in the proceedings through video conferencing instead of a transfer.

Legislation cited

Subjects

  • Section 125 CrPC
  • transfer of criminal case
  • video conferencing
  • threat to litigant
  • family court jurisdiction
  • digital hearing
  • Uttar Pradesh Rules 2020

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         TRANSFER APPLICATION (CRIMINAL) No. - 285 of 2026

Aijaz Ahamad
                                                            .....Applicant(s)
                                   Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)                    :   Pradeep Kumar Shukla
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 for transfer of the Case
No.1188 of 2022 (Aysha Aijaz @ Afsana Vs Aijaz Ahamad) under
Section 125 of Cr.P.C., Police Station Quarsi, District Aligarh pending
before the court of Principal Judge, Family Court Ist, Aligarh to any other
nearest District Court.

3. Learned counsel for the applicant submits that applicant is husband and
wife has lodged an application under Section 125 Cr.P.C. The transfer
application is filed for transfer of the case on the ground of threat.
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
through digital mode. The Rules of 2020 gives choice to the litigant to
                                                                                              TACR No. 285 of 2026
                                                                    2


                                    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.



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




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

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