Allahabad High Court
DURGESH JAISWAL AND 5 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The transfer application is dismissed, with the court directing the applicant to seek video‑conferencing facilities under the Rules for Video Conferencing for Courts in Uttar Pradesh, 2020.
Summary
The applicants, accused in a domestic violence case (Smt. Mamta Jaiswal Vs. Durgesh Jaiswal and others), filed a transfer application under Section 12(1) of the Domestic Violence Act, 2005, alleging threats and seeking relocation of the trial to another district. The court noted a prior decision (Sunita Devi v. State of U.P., 2022) recognizing a litigant's right to participate via video conferencing under the Uttar Pradesh Rules for Video Conferencing 2020. It observed that the Rules provide adequate safeguards for distance, threat perception, and convenience, and that the constitutional powers under Articles 225 and 227 support their implementation. Consequently, the court found no merit in transferring the case and disposed of the transfer application, granting liberty to the applicant to apply for video‑conferencing under the Rules. The court directed all relevant authorities to act in accordance with the video‑conferencing rules.
Issues considered
- Whether the alleged threat to the accused justifies transfer of the criminal case under Section 12(1) of the Domestic Violence Act, 2005.
- Whether the applicant can be permitted to participate in the proceedings via video conferencing under the Rules for Video Conferencing for Courts in Uttar Pradesh, 2020, thereby obviating the need for transfer.
Legislation cited
Subjects
- Domestic Violence Act
- Section 12(1)
- Transfer of criminal case
- Video conferencing
- Judicial technology
- Threat to litigant
- Uttar Pradesh Rules 2020
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CRIMINAL) No. - 577 of 2026
Durgesh Jaiswal And 5 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Santosh Kumar Tiwari
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 Case
No.1543 of 2014 (Smt. Mamta Jaiswal Vs. Durgesh Jaiswal and others),
under Section 12(1) of the Domestic Violence Act, 2005, P.S. Chiluwatal,
District Gorakhpur from the court of Civil Judge (Jr. Div.) F.T.C.
(Offences against Women), Gorakhpur to court of the any other adjacent
District having the same jurisdiction.
3. Learned counsel for the applicant submits that the applicant is accused
and is seeking transfer of the case 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
through digital mode. The Rules of 2020 gives choice to the litigant to
TACR No. 577 of 2026
2
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
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