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2026 DAILYLAW 13757 (ALL)

DINESH KUMAR DIXIT v. STATE OF U.P. AND 2 OTHERS

TACR/171/2026 · 2026-10-05

Vikram D Chauhan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 171 of 2026 Court No. - 55 HON'BLE VIKRAM D. CHAUHAN, J. 1. The present transfer application is filed by the applicant with a prayer to transfer Case No. 0533 of 2024 arising out of Case Crime No. 0461 of 2023 u/s 498-A, 323 I.P.C and section 3/4 D.P Act, Police Station Shalimar Garden, District Trans Hindon (Commissionerate Ghaziabad) (State Vs Jitendra Sharma and Another) pending before Civil Judge (Junior Division) Fast Track Court, Ghaziabad, to any Court in District Farrukhabad (i.e., present resident district). 2. Learned counsel for the applicant submits that the applicant is the accused and is seeking transfer on the ground of inconvenience. 3. 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"). 4. 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 Versus Counsel for Applicant(s) : Adarsh Mishra, Chandra Prakash Pandey, Mukesh Kumar Dwivedi, Saurabh Mishra Counsel for Opposite Party(s) : G.A. Dinesh Kumar Dixit .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) sanctity of the judicial process. 5. 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. 6. 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. October 6, 2026 Bhaskar TACR No. 171 of 2026 2 (Vikram D. Chauhan,J.) Digitally signed by :- BHASKAR High Court of Judicature at Allahabad