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2026 DAILYLAW 3853 (ALL)

NEELAM DHAR DUBEY AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

TACR/254/2026 · 2026-05-06

Vikram D Chauhan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 254 of 2026 Court No. - 73 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present transfer application has been filed for transfer of Complaint Case No. 1400 of 2025 (Smt. Durgesh Agarwal Vs. Neelam Dhar Dubey and others), under Sections 12, 17, 18, 19, 20, 22, 23 and 31 of Domestic Violence Act, Police Station Bisrakh, District-Gautam Budh Nagar, from the court of Civil Judge (J./D.) /F.T.C. 2/ Judicial Magistrate, Gautam Budh Nagar to the court of Judicial Magistrate, Gorakhpur. 3. Learned counsel for the applicants submits that applicants are the opposite party before the trial court and the proceedings under the Domestic Violence Act has been initiated by opposite party no. 2. The applicants are the resident of Gorakhpur and present proceedings have been lodged at Gautam Budh Nagar and on the ground of distance the applicants are seeking transfer of the case. 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"). Versus Counsel for Applicant(s) : Radhey Shyam Dwivedi Counsel for Opposite Party(s) : Ravindra Pratap Singh, Vishal Singh, G.A. Neelam Dhar Dubey And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 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 applicants 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 applicants 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. May 7, 2026 VMA TACR No. 254 of 2026 2 (Vikram D. Chauhan,J.) Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad