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2025 DAILYLAW 193486 (ALL)

PRADYUMAN YADAV v. STATE OF U.P. AND ANOTHER

NA528/35461/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35461 of 2025 Court No. - 81 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Hemant Kumar Srivastava, learned counsel for the applicant and learned A.G.A. for the State. 2. Learned counsel for the applicant submits that the innocuous prayer has been made in the present application is for getting the matter of accused tried through video conferencing. The learned counsel has relied on the case of Smt. Sunita Devi Vs. State of U.P. and another, whereby the coordinate Bench of this Court while deciding the Transfer Application (Criminal) No.282 of 2021 by order dated 02.08.2022 has directed in paragraph nos.11 and 12 that the Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020 permits so. The relevant paragraphs is reiterated underneath:- "11. The Rules of 2020 effectively address the concern of the litigants including the distance factor and threat perception. 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 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 observations made hereinabove. 12. Under the circumstances, the present transfer application is disposed of with the liberty to the applicant to apply under Rules for Video Conferencing Versus Counsel for Applicant(s) : Ashok Yadav, Hemant Kumar Srivastava Counsel for Opposite Party(s) : G.A. Pradyuman Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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." 3. Learned A.G.A. accepts notice for the State. 4. There is no point in issuing notice to opposite party no.2. 5. The application is disposed of with the direction that the accused- applicant, who has not moved any application before the trial court may move the application before the trial court for consideration in the light of the judgment. October 14, 2025 Shivangi NA528 No. 35461 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad