# Smt. Sunita Devi v. State of U.P. & Anr. Opp. Parties 1080 INDIAN LAW REPORTS ALLAHABAD SERIES

- **Citation:** (2022) 8 ILRA 1079
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2022-08-02
- **Case number:** Transfer Application (Crl.) No. 282 of 2021
- **Bench:** Vikram D. Chauhan
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/smt-sunita-devi-v-state-of-u-p-anr-opp-parties-1080-indian-law-reports-48716
- **Pages:** 5

## Headnote

Criminal Law - Transfer of case - Code
of Criminal Procedure 1973, Section 407
- Power of High Court to transfer cases
and
appeals
-
'Rules
for
Video
Conferencing for Courts in the State of
Uttar
Pradesh,
2020',
notified
by
notification dated 27th November, 2020
- Video conferencing facilities may be
used at all stages of judicial proceedings
and proceedings conducted by the Court
- All proceedings conducted by a Court
by way of video conferencing shall be
judicial proceedings - Under Rule 6.1
any party to the proceeding or witness,
may
move
a
request
for
video
conferencing, in the form prescribed in
Schedule II - Under Rule 6.3, on receipt
of such a request and upon hearing all
concerned persons, the Court will pass
an appropriate order - It was 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 (Para 7, 8)

Transfer application filed by wife for transfer
of the Case u/s 125 Cr.P.C. pending before
the Family Court, Bhadohi at Gyanpur to
District Prayagraj - transfer sought on the
ground of apprehension of danger of life of
the applicant & on the ground of financial
crisis - Transfer application 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 -
concern court/authority was directed to pass
an appropriate order in accordance with law
at the earliest (Para 12)

Disposed Off. (E-5)

## Text

8 All. Smt. Sunita Devi Vs. State of U.P. & Anr.
1079
finally, however, since the order dated
07.01.2022 also records that work of the
appellant-firm was not satisfactory as such
occurrence of such a phrase in the order
dated 07.01.2022 would affect participation
of the appellant-firm in any other tender
process, if floated by not only the
respondent-University
but
by
other
Government
Departments
/Institutions/
Agencies as well. It is in this context that
the learned Court below was required to
consider as to whether by not granting
interim injunction, as prayed for by the
appellant-firm, it would suffer irreparable
loss and injury or prejudice. We do not see
any such consideration/determination by
the learned court below while it passed the
order dated 11.03.2022.

21. As to whether balance of
convenience lies in favour of grant of
interim protection as prayed for or it lies in
not granting the same is another issue,
determination of which was required to be
made by the learned court below while
deciding the application/petition moved by
the appellant-firm under Section 9 of the
1996
Act.
Appropriate
determination/
consideration even of this issue is not
reflected from the order dated 11.03.2022,
passed by the learned court below which is
under appeal before us.

22. For the reasons aforesaid, we find
that the appeal deserves to be allowed.

23. Accordingly, the instant appeal is
allowed and the order dated 11.03.2022,
passed by the learned Commercial Court,
Lucknow in Arbitration Case No. 03 of
2022 is hereby set aside.

24. The matter is remitted to the
learned Commercial Court, Lucknow for
decision of the application/petition under
Section 9 of the 1996 Act afresh in
accordance with law.

25. It is further directed that the
parties to the proceedings before the
learned Commercial Court shall not seek
any adjournment and adjournment shall be
permissible
only
in
exceptional
circumstances, that too, with the leave of
the court concerned.

26. It is further directed that the
proceedings of the petition under Section
9 of the 1996 Act shall be expedited by the
learned
court
below
and
shall
be
concluded within a maximum period of
three months from the date certified copy
of this order is produced before it.

27. We make it unequivocally clear
that any observations made in this order
shall not in any manner be construed to be
observations on the merit of the claim of
the respective parties and the Commercial
Court while deciding the application
/petition under Section 9 afresh shall not
be influenced by these observations as
these observations are confined only to
decision of this appeal.

28. There will be no order as to
costs.
----------
(2022) 8 ILRA 1079
ORIGINAL JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 02.08.2022

BEFORE

THE HON'BLE VIKRAM D. CHAUHAN, J.

Transfer Application (Crl.) No. 282 of 2021

Smt. Sunita Devi ...Applicant
Versus
State of U.P. & Anr. ...Opp. Parties
1080 INDIAN LAW REPORTS ALLAHABAD SERIES
Counsel for the Applicant:
Sri Om Prakash Singh

Counsel for the Opp. Party:
G.A., Sri Dileep Kumar Srivastava

Criminal Law - Transfer of case - Code
of Criminal Procedure 1973, Section 407
- Power of High Court to transfer cases
and
appeals
-
'Rules
for
Video
Conferencing for Courts in the State of
Uttar
Pradesh,
2020',
notified
by
notification dated 27th November, 2020
- Video conferencing facilities may be
used at all stages of judicial proceedings
and proceedings conducted by the Court
- All proceedings conducted by a Court
by way of video conferencing shall be
judicial proceedings - Under Rule 6.1
any party to the proceeding or witness,
may
move
a
request
for
video
conferencing, in the form prescribed in
Schedule II - Under Rule 6.3, on receipt
of such a request and upon hearing all
concerned persons, the Court will pass
an appropriate order - It was 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 (Para 7, 8)

Transfer application filed by wife for transfer
of the Case u/s 125 Cr.P.C. pending before
the Family Court, Bhadohi at Gyanpur to
District Prayagraj - transfer sought on the
ground of apprehension of danger of life of
the applicant & on the ground of financial
crisis - Transfer application 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 -
concern court/authority was directed to pass
an appropriate order in accordance with law
at the earliest (Para 12)

Disposed Off. (E-5)

(Delivered by Hon'ble Vikram D. Chauhan, J.)

1. Heard learned counsel for the
parties.

2. The present transfer application has
been filed for transfer of the Case No.115
of 2021 (Smt. Sunita Devi Vs. Ramesh
Kumar Bharati), under Section 125 Cr.P.C.
pending before the Principal Judge, Family
Court, Bhadohi at Gyanpur to the court
having competence jurisdiction in District
Prayagraj.

3. It is submitted by learned counsel
for the applicant that the applicant is wife,
who has filed application under Section
125 Cr.P.C. The application was filed
before the Principal Judge, Family Court,
Bhadohi at Gyanpur. However, when the
applicant visits the Court, opposite party
no.2 and his family members physically
assaulted
the
applicant.
There
is
apprehension of danger of life of the
applicant. The applicant has also sought
transfer on the ground of financial crisis.

4. The country is witnessing a
revolution in the digitalisation activity. The
digitalisation
is
not
only
about
implementation
of
technology.
It
encompasses the transformation of the
courts and justice delivery system using
technology
in
order
to
enable
the
experiences to be better, effective and
within the reach of the ordinary citizens.
The digitalisation is bridging the gap
between the courts and the litigant. The
process of digitalisation has enabled the
litigant to approach the various forum of
justice delivery system and the issue of
distance of the courts and convenience of
parties have been effectively addressed.
The Courts has put in place various
digitalisation
processes
including
addressing
the
court
through
video
conference. Further, with the advancement
of
technology
and
telecommunication
including internet services the litigant is
empowered
to
approach
his
counsel
8 All. Smt. Sunita Devi Vs. State of U.P. & Anr.
1081
through telecommunication/Internet. The
process of digitalisation and technology
advancement has further been accelerated
during the pandemic. The digitalisation and
technology are playing a crucial role in
ensuring the efficient last mile delivery of
services to citizens. Even during the
pandemic, the courts have delivered justice
to the citizens without the citizens being
physically present at the place where the
court is situated and in this respect the role
of digital technology has been crucial. A
citizen has all the means in place to
approach the Court using the digital
process and technology. The Internet,
emails, e-filing and video conference have
revolutionised the way a person can
communicate and avail Justice. In the
recent past, the country has witnessed
"work from home" as an important tool for
the working class and on the same footing
various measures have been taken by the
courts for enabling the citizens to get
"justice at doorstep" and the distance
between the citizen and the court is of no
consequence as a result of the digital
process.

5. The Apex Court has constituted an ecommittee, Supreme Court of India for
effective implementation of the Information
and Communication Technology (ICT) by the
Judicial system in India. The e-committee is
the governing body charged with overseeing
the e-courts project conceptualized under the
National Policy and Action Plan for
Implementation
of
Information
and
Communication Technology (ICT) in Indian
Judiciary. The project is funded by the
Government with the vision to transform the
Judicial system of the country by ICT
enablement of Courts.

6. Digital disruption is the change that
occurs when new digital technologies and
models affect the value proposition of
existing services. The transformation of the
legal services through information and
technology is a big step to revolutionise
legal services in India. The information and
technology induction will enhance the
Judicial productivity both qualitatively and
quantitatively, making the justice delivery
system accessible, reliable, cost effective
and transparent.

7. One of the important object of the
involvement of digital process in the
judiciary is to bridge the gap between the
courts and the litigants. A digital judiciary
will enhance the capability of Justice
Delivery system and further will bring
"ease of Justice" to the litigant. One of the
important aspect in the judicial system is
that the litigant have to approach the court
physically to participate in the proceedings
of the court. The digitalisation process in
order to facilitate the approach of the
litigant to the courts have set up video
conference facility as a tool for the litigant
to participate in the court proceeding
through virtual mode. A drastic step in this
respect has been taken by Allahabad High
Court by framing "Rules for Video
Conferencing for Courts in the State of
Uttar Pradesh, 2020" (for brevity herein
after referred to as "Rules of 2020") which
has been notified by notification dated 27th
November, 2020. The principal object of
the aforesaid rules is to consolidate, unify
and streamline the procedure relating to the
use of video conference for the Courts. The
whole aim of the aforesaid rules is to
provide the litigant access to the courts in
the state through video conference. Rule
2(xv) of the above-mentioned rules defines
"Video Conference" to mean and include
court
proceedings
conducted
by
transmission of simultaneous audio and
video signals in real-time between the
1082 INDIAN LAW REPORTS ALLAHABAD SERIES
remote point and court point and vice versa
over a wired or wireless network or
combination thereof. It also includes
transmission of the readable images of
document.

8. The General Principles governing
the video conference has been envisaged in
Rule 3 of Rules of 2020, which are as
follows:

"3. General Principles Governing
Video Conferencing

(i) Video conferencing facilities may
be used at all stages of judicial proceedings
and proceedings conducted by the Court.

(ii) All proceedings conducted by a
Court by way of video conferencing shall
be judicial proceedings and all the
courtesies and protocols applicable to a
physical Court shall apply to these virtual
proceedings. The protocol provided in
Schedule I shall be adhered to for
proceedings conducted by way of video
conferencing.

(iii) All relevant statutory provisions
applicable to judicial proceedings including
provisions of the Code of Civil Procedure,
1908, Code of Criminal Procedure, 1973,
Contempt of Courts Act, 1971, Indian
Evidence Act, 1872 (abbreviated hereafter
as the Evidence Act), and Information
Technology
Act,
2000
(abbreviated
hereafter as the IT Act), shall apply to
proceedings
conducted
through
video
conferencing.

(iv)
Subject
to
maintaining
independence, impartiality and credibility
of judicial proceedings, and subject to such
directions as the High Court may issue,
Courts may adopt such technological
advances as may become available from
time to time.

(v) The Rules as applicable to a Court
shall
mutatis
mutandis
apply
to
a
Commissioner appointed by the Court to
record evidence and to an enquiry officer
conducting an inquiry.

(vi) There shall be no unauthorized
recording of the proceedings by any person
or entity.

(vii) The person defined in Rule 2(xii)
shall provide identity proof as recognised
by
the
Government
of
India/State
Government/Union Territory to the Court
point coordinator via personal e-mail. In
case identity proof is not readily available
the person concerned shall furnish the
following personal details: name, parentage
and permanent address, as also, temporary
address if any."

9. The procedure for applying for
participation through video conference in
the court proceedings is envisaged in
chapter III of the Rules of 2020. Rule 6 of
Chapter III provides for the procedure to be
followed for applying for video conference.
Rule 6 is quoted herein below :-

"6. Application for Appearance,
Evidence
and
Submissions
through
Video Conferencing:

6.1 Any party to the proceeding or
witness,
save
and
except
where
proceedings are initiated at the instance of
the Court, may move a request for video
conferencing. A party or witness seeking a
video conferencing proceeding shall do so
by making a request in the form prescribed
in Schedule II.

6.2 Any proposal to move a request for
video
conferencing
should
first
be
discussed with the other party or parties to
the proceeding, except where it is not
possible or inappropriate to do so, for
example,
extremely
urgent
cases/applications.

6.3 On receipt of such a request and
upon hearing all concerned persons, the
8 All. Rahul Agarwal & Anr. Vs. Govt. of India Railway Ministry & Anr.
1083
Court will pass an appropriate order after
ascertaining that the application is not filed
6.4 While allowing a request for video
conferencing, the Court may also fix the
schedule
for
convening
the
video
conferencing.

6.5 In case the video conferencing
event
is
convened
for
making
oral
submissions, the order may require the
Advocate or party in person to submit
written arguments and precedents, if any, in
advance on the official email ID of the
concerned Court.

6.6 Costs, if directed to be paid, by the
order convening proceeding through video
conferencing shall be deposited within the
time specified in the said order."

10. 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.

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 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.
----------
(2022) 8 ILRA 1083
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 04.07.2022

BEFORE

THE HON'BLE SARAL SRIVASTAVA, J.

Matters under Article 227 No. 8472 of 2017

Rahul Agarwal & Anr. ...Petitioners
Versus
Govt. of India Railway Ministry & Anr.
 ...Respondents

Counsel for the Petitioners:
Sri Pankaj Agarwal, Sri Sudhir Bharti

Counsel for the Respondents:
C.S.C.

A. Land Acquisition - Condonation of
Delay - Application against arbitral award
- Arbitration and Conciliation Act, 1996 -
Sections 34, 34(3) & 43 - Railway Act,
1989 - Sections 20(A) & 20(E) - Railways
Amendment Act, 2008 - Section 20H(6) -
It is settled in law that provision of
Section
5
of
Limitation
Act
is
not
applicable in proceeding u/s 34 of the Act,
1996. There is no error in the finding of
the
court
below
that
provisions
of
Limitation Act are not applicable to