Allahabad High Court
DARSHAN SINGHversusJATAN SINGH ALIAS JANAM SINGH
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The transfer application is dismissed as the video‑conferencing provisions under the Rules for Video Conferencing for Courts, 2020 adequately address the litigant's inconvenience.
Summary
The applicant, a 74‑year‑old litigant, filed a transfer application seeking to move a criminal complaint (Case No. 12563 of 2020) from Meerut to Hapur on the ground of inconvenience. The court noted that the Rules for Video Conferencing for Courts in Uttar Pradesh, 2020, provide a digital alternative that addresses distance and convenience concerns, especially for elderly persons. Relying on its earlier decision in Smt. Sunita Devi v. State of U.P. (Transfer Application No. 282 of 2021), the court held that the statutory provisions for video conferencing obviate the need for physical transfer. Consequently, the transfer application was dismissed, with liberty granted to the applicant to seek a video‑conferencing facility under the Rules. The court directed all relevant authorities to implement the video‑conferencing provisions promptly.
Issues considered
- Whether the inconvenience of an elderly litigant justifies transferring the criminal case from Meerut to Hapur.
- Whether the Rules for Video Conferencing for Courts, 2020, provide an adequate alternative to physical transfer of the case.
Legislation cited
- Indian Penal Code — s. 148, 149, 323, 380, 427, 452, 504, 506
Subjects
- criminal transfer application
- video conferencing
- elderly litigant
- Uttar Pradesh Rules 2020
- jurisdiction
- convenience
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CRIMINAL) No. - 561 of 2026
Darshan Singh
.....Applicant(s)
Versus
Jatan Singh Alias Janam Singh
.....Opposite
Party(s)
Counsel for Applicant(s) : Satya Prakash Rathor
Counsel for Opposite Party(s) :
Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the applicant.
2. The present transfer application has been filed for transfer of Complaint
Case No. 12563 of 2020 (Jatan Singh Vs. Krishna Pal and others), under
Sections 148, 149, 380, 452, 323, 504, 506, 427 I.P.C., Police Station
Kharkhoda, District Meerut, pending in the court of Additional Chief
Judicial Magistrate, Court No.5, Meerut to District Court Hapur.
3. Learned counsel for the applicant submits that applicant is aged about
74 years and is seeking transfer of the 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
sanctity of the judicial process.
TACR No. 561 of 2026
2
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 11, 2026
VMA
Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad
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