Raju Srivastava @ Nikhil Vs State of Up and 2 Others — Allahabad HC (2025) — LawSathi Research

Raju Srivastava @ Nikhil Vs State of Up and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The transfer application is disposed of (transfer to Varanasi not effected); the applicant is directed that upon his filing an application to appear through Video Conferencing before the appropriate forum, it shall be considered and he will be permitted to pursue the matter through Video Conferencing; any stay order, if any, stands vacated.

Issue for consideration

Whether the transfer application seeking movement of Case No. 1678 of 2021 from Kanpur Nagar to Varanasi should be disposed of with a direction permitting the accused-applicant to apply for and pursue proceedings through video conferencing, in lieu of an actual transfer.

Court's answer

Since the applicant, though an accused who had sought transfer to Varanasi, was ready to pursue the matter through video conferencing, the instant transfer application is disposed of with the direction that if the applicant files an application to pursue the matter through Video Conferencing, his application shall be considered and he will be permitted to pursue the matter through Video Conferencing.

Ratio / Principle

Any existing stay order in the matter shall stand vacated as part of the disposal of the transfer application.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Sameer Jain, J.), TACR No. 357 of 2024, decided October 13, 2025 — Raju Srivastava @ Nikhil v. State of U.P. & 2 others. Transfer Application (Criminal) filed by an accused praying for transfer of Case No. 1678 of 2021 (arising out of Case Crime No. 160 of 2019, under Sections 323, 341, 504, 506, 387 IPC, Police Station Fazalganj, District Kanpur Nagar) pending before the Chief Metropolitan Magistrate, Kanpur Nagar, to District Court Varanasi. Counsel for the applicant submitted that instead of transfer, the applicant was ready to pursue the matter through Video Conferencing; the learned AGA raised no objection. The Court accordingly disposed of the transfer application with a direction that on the applicant filing an application to appear through Video Conferencing before the appropriate forum, it shall be considered and entertained, and he will be permitted to pursue the matter through Video Conferencing. Any existing stay order was directed to stand vacated.

HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CRIMINAL) No. - 357 of 2024

Raju Srivastava @ Nikhil

.....Applicant(s)

	Versus
State Of Up And 2 Others	.....Opposite Party(s)
Counsel for Applicant(s)	: Madhu Singh, Surya Bhan Dubey
Counsel for Opposite Party(s)	: G.A.
Court No.- 73

HON'BLE SAMEER JAIN, J.

Sri Surya Bhan Dubey, learned counsel for applicant and Sri Rajeev Dhar Dwivedi, learned AGA for the State are present.

The instant transfer application has been filed by the applicant with a prayer to transfer the proceedings of Case No. 1678 of 2021, arising out of Case Crime No. 160 of 2019, under Sections 323, 341, 504, 506, 387 IPC, Police Station Fazalganj, District Kanpur Nagar pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar to District Court Varanasi.

At the very outset, learned counsel for applicant submits, applicant is accused in the present matter and he filed instant transfer application to transfer the case from District Kanpur Nagar to District Varanasi but applicant is ready to pursue the matter through Video Conferencing and therefore instant application may be disposed off with the direction that if applicant filed an application before appropriate forum to appear through Video Conferencing then his application shall be entertained and he will be permitted to appear through Video Conferencing.

Learned AGA is having no objection.

The instant transfer application has been filed by the applicant, who is accused in the present matter to transfer the case from District Kanpur Nagar to District Varanasi but now he is ready to pursue the matter through Video Conferencing, therefore, instant transfer application is being disposed off with a direction that if applicant filed an application to pursue the matter through Video Conferencing then his application shall be considered and he will be permitted to pursue the matter through Video Conferencing.

Stay order, if any, shall stands vacated.

TACR No. 357 of 2024

2

October 13, 2025 AK Pandey

(Sameer Jain,J.)

Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad