Smt. Amita Agarwal Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2026)

Smt. Amita Agarwal Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Liberty to the applicant to apply under the Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020 for video conference facility in judicial proceedings; the court/authority concerned to pass an appropriate order in accordance with law at the earliest on any such application; all courts and authorities directed to act in aid of the said Rules.

Issue for consideration

Whether Criminal Case No. 30159 of 2023 (under Section 406 I.P.C.) pending before the Additional Chief Judicial Magistrate-IInd, Agra should be transferred to a parallel court at Bareilly on the ground of the complainant-applicant's inconvenience.

Court's answer

The Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020 give the litigant a choice to approach the court using digital technology and effectively address litigants' concerns including the distance factor, threat perception and convenience, providing an alternative channel that addresses the concerns raised in the transfer application.

Ratio / Principle

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).

Key takeaways

The transfer application is disposed of with liberty to the applicant to apply under the Rules of 2020 for video conference facility; if such an application is preferred, the court/authority concerned shall be obliged under law to pass an appropriate order in accordance with law at the earliest, and all courts and authorities shall act in aid of the Rules of 2020.ratio¶16

Detailed headnote1 paragraphs

Transfer Application (Criminal) under Article 226/227 jurisdiction seeking transfer of Criminal Case No. 30159 of 2023 (S.406 I.P.C., P.S. Chhatta, District Agra) from the court of Additional Chief Judicial Magistrate-IInd, Agra to a parallel court at Bareilly on the ground of the complainant's inconvenience — HELD, the Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020, notified under Articles 225 and 227 of the Constitution, give the litigant a choice to participate in judicial proceedings through digital mode and effectively address concerns of distance, threat perception and convenience; following Transfer Application (Criminal) No. 282 of 2021 (Smt. Sunita Devi Vs. State of U.P. and another), no ground for inter-district transfer is made out; application disposed of with liberty to seek video-conference facility under the Rules of 2020, with a direction that the court/authority concerned shall pass an appropriate order at the earliest and that all courts and authorities shall act in aid of the said Rules.

HIGH COURT OF JUDICATURE AT ALLAHABAD

TRANSFER APPLICATION (CRIMINAL) No. - 244 of 2026

Smt. Amita Agarwal

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)	:	Brijesh Kumar Srivastava
Counsel for Opposite Party(s)	:	G.A.

Court No. - 73

HON'BLE VIKRAM D. CHAUHAN, J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present transfer application has been filed for transfer of the Criminal Case No.30159 of 2023 (Smt. Amita Agarwal Versus Yogendra Pal Singh), under Section 406 I.P.C., Police Station Chhatta, District Agra, pending in the court Additional Chief Judicial of Magistrate-IInd, Agra, District Agra to parallel court Bareilly, District Bareilly.

Learned counsel for the applicant submits that applicant is the complainant and is seeking transfer of criminal case on the ground of inconvenience.

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").

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

TACR No. 244 of 2026

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sanctity of the judicial process.

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.

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.)

April 23, 2026 VMA

Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad