Allahabad High Court
KUSUM DEVIversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The transfer application was dismissed because the video‑conferencing provisions under the Rules for Video Conferencing for Courts in Uttar Pradesh, 2020 adequately address the litigant’s safety concerns, rendering transfer unnecessary.
Summary
The applicant, Kusum Devi, filed a transfer application seeking to move a criminal case (Crime No.101 of 2025) from Varanasi to Jaunpur on the ground of threat to her safety as complainant. The court noted that the case involves offences under Sections 498A, 323, 504, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act. Relying on its earlier decision in Sunita Devi (2022) and the Rules for Video Conferencing for Courts in Uttar Pradesh, 2020, the court held that the litigant can safely participate via video‑conferencing, obviating the need for transfer. It found no statutory ground to relocate the case and therefore dismissed the transfer application. The court directed the applicant to seek video‑conferencing facilities under the Rules, and ordered all courts to implement those Rules promptly.
Issues considered
- Whether the threat to the complainant justifies transferring the criminal case to another district.
- Whether the Rules for Video Conferencing for Courts in Uttar Pradesh, 2020 provide an adequate alternative to transfer.
- Whether the precedent set in Sunita Devi (2022) applies to the present application.
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498A, 504, 506
Subjects
- transfer of criminal case
- video conferencing
- threat to litigant
- IPC 498A
- Dowry Prohibition Act
- judicial technology
- Uttar Pradesh
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CRIMINAL) No. - 570 of 2026
Kusum Devi
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Akhilesh Kumar Tiwari, Rajendra
Prasad Yadav
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 Case
Crime No.101 of 2025 (State Vs. Ashutosh Kumar Gupta), under Sections
498A, 323, 504, 506 IPC & Section 3/4 of Dowry Prohibition Act, Police
Station Chitaipur, District Varanasi, pending in the court of learned
A.C.J.M-VI, Varanasi, to the territorial jurisdiction of District Judgeship
at District Jaunpur.
3. Learned counsel for the applicant submits that the applicant is
complainant and seeking transfer on the ground of threatening. It is
further submitted 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
judicial proceedings in order to enable the litigants to approach the court
TACR No. 570 of 2026
2
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 23, 2026
D. Tamang
Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad
Checking your session…