Allahabad High Court
RICHAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The transfer application is dismissed; the litigant may seek video‑conferencing under the Rules instead of a district transfer.
Summary
The applicant, Richa, filed a transfer application under Section 12 of the Protection of Women from Domestic Violence Act, 2005, seeking to move a criminal complaint from Sambhal to Moradabad on the ground of personal threat. The applicant argued that justice would be served if she could appear via video conferencing. The court referred to its earlier decision in Sunita Devi (2022), 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 provide adequate safeguards and address the applicant's concerns, rendering a transfer unnecessary. Consequently, the transfer application was dismissed, with liberty granted to the applicant to seek a video‑conferencing order under the Rules.
Issues considered
- Whether a criminal case under the Protection of Women from Domestic Violence Act can be transferred to another district when the litigant can avail video‑conferencing facilities under the Uttar Pradesh Rules for Video Conferencing for Courts, 2020.
Legislation cited
Subjects
- transfer of criminal case
- video conferencing
- Protection of Women from Domestic Violence Act
- Section 12
- judicial technology
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CRIMINAL) No. - 549 of 2026
Richa
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Neeraj Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 55
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
Complaint Case No.336 of 2026 (Smt. Sakshi alias Neha Vs. Dr. Ravish
Kumar and others) under Section 12 of Protection of Women from
Domestic Violence Act, 2005, Police Station-Kotwali Chandausi,
District-Sambhal pending in the court of Additional Chief Judicial
Magistrate, Sambhal at Chandausi to the court of Additional Chief
Judicial Magistrate, Moradabad or before any adjoining district in Uttar
Pradesh.
3. Learned counsel for applicant submits that applicant is opposite party
before the court below and seeking transfer on the ground of threatening.
It is further submitted by learned counsel for applicant that the 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
TACR No. 549 of 2026
2
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
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.)
September 8, 2026
D. Tamang
Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad
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