Allahabad High Court
PRAMOD KUMAR PANDEYversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The court held that the availability of video‑conferencing facilities under the Rules for Video Conferencing for Courts, 2020 eliminates any justification for transferring the case to another district.
Summary
The applicant, Pramod Kumar Pandey, a physically handicapped husband, filed a transfer application seeking to move a criminal case (Case No. 906 of 2025) from Gorakhpur to Deoria on the ground of inconvenience. The court noted a prior decision (Transfer Application (Criminal) No. 282 of 2021) which recognized a litigant’s right to participate via video‑conferencing under the Rules for Video Conferencing for Courts in Uttar Pradesh, 2020. It observed that the Rules provide a digital alternative that addresses distance, threat perception, and convenience, thereby negating the need for physical transfer. Consequently, the court dismissed the transfer application, granting the applicant liberty to apply for video‑conferencing under the Rules. The judgment directed all courts and authorities to implement the video‑conferencing provisions promptly.
Issues considered
- Whether a physically handicapped litigant can obtain transfer of a criminal case on the ground of inconvenience.
- Whether the availability of video‑conferencing facilities under the 2020 Rules obviates the need for transfer.
- Whether the court should order transfer despite the existence of statutory video‑conferencing provisions.
Legislation cited
- Constitution of India — s. Article 225, Article 227
- Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020
Subjects
- transfer of criminal case
- video conferencing
- physically handicapped litigant
- convenience
- Uttar Pradesh court rules
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CRIMINAL) No. - 564 of 2026
Pramod Kumar Pandey
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Manish Mani, Vishveshwar Mani
Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the
State.
2. The present transfer application has been filed for transfer of Case No.
906 of 2025 (Satyabhama Pandey Vs. Pramod Kumar Pandey), under
Section 144 B.N.S.S., District Gorakhpur, pending in the court of
Additional Principal Judge, Family Court-III, Gorakhpur to the court of
District Deoria.
3. Learned counsel for the applicant submits that the applicant is the
husband and is seeking transfer of the case on the ground of
inconvenience as the applicant is physically handicapped.
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
TACR No. 564 of 2026
2
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 14, 2026
VMA
Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad
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