Allahabad High Court
SMT. MOHINI DEVIversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The court held that the provision of video‑conferencing under the Rules of 2020 eliminates any justification for transferring the case, and therefore the transfer application must be dismissed.
Summary
The applicant, wife/informant of the accused, sought transfer of a criminal case from Kalpi Magistrate Court to a court in Jalaun, citing inconvenience due to a 50 km distance. The applicant argued that participation via video‑conferencing would serve the ends of justice. The court referred to its earlier decision in Sunita Devi (2022) which recognized litigants' right to appear through video‑conferencing under the Uttar Pradesh Rules of 2020. It observed that the Rules provide adequate safeguards and address distance concerns, rendering a physical transfer unnecessary. Consequently, the transfer application was dismissed, with the applicant directed to seek a video‑conferencing order under the Rules.
Issues considered
- Whether a litigant's inconvenience due to distance justifies transfer of a criminal case to another district.
- Whether the availability of video‑conferencing facilities under the Rules of 2020 obviates the need for physical transfer.
- Whether the precedent set in Sunita Devi (2022) applies to the present transfer application.
Legislation cited
Subjects
- transfer of criminal case
- video conferencing
- judicial convenience
- Uttar Pradesh Rules 2020
- distance factor
- high court jurisdiction
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CRIMINAL) No. - 551 of 2026
Smt. Mohini Devi
.....Applicant(s)
Versus
State Of U.P. And 5 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ghana Ram Niranjan
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 Criminal Case No. 1837 of 2025 (State Vs. Amit Kumar and others)
under Sections 85/115 (2) BNS and Section 3/4 D.P. Act arising out of
Case Crime No. 0177 of 2025, Police Station Kotwali Kalpi, District
Jalaun, from the court of learned Magistrate Kalpi Jalaun to the Court of
competent at Jalaun, pending in the court of learned Judicial Magistrate
Kalpi Jalaun.
3. Learned counsel for the applicant submits that applicant is
wife/informant and seeking transfer on the ground of inconvenience as the
distance from the place is 50 Km. 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. 551 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 9, 2026
D. Tamang
Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad
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