Insisting Service of Hard Copy of Petition is Not Acceptable: Allahabad HC Issues Direction Regarding E-Filing and E-Service of Petition

This week the Allahabad High Court took strong exception of the conduct of the U.P. Government enforcing litigants to serve a hard copy of the Petition/applications being filed in Court. 

A Division Bench of Justice Manoj Kumar Gupta and Justice Gautam Chowdhary observed, that due to pandemic the Court proceedings are being held through virtual mode and to avoid physical contact the Court has granted various relaxations in the matter of filing of the Petitions/Applications before the Court, so that no one is forced to travel. However despite this effort, the State government is forcing litigants to serve hard copies of the Petitions in the office is unacceptable, particularly when the court has recognized service by Email as valid mode of service.

The Bench was hearing  a Criminal Writ Petition, when AGA objected that he has not received the copy of Petition. To this the Petitioner counsel replied that he has filed the Petition through E-mode and prior notice has been given through Email.

On this the AGA stated that the State is not accepting notices via E-mail and litigants are required to serve hard copies of the Petition.

After the court took serious exception of this matter, AGA informed the Court that necessary instructions have been issued to the office to accept the notices through E-mode w.e.f 27 May on following Emails- 

  • efreshcriminalwrit@gmail.com
  • efreshbailapplication@gmail.com
  • efreshmisc@gmail.com

The Bench  accepted this communication but directed following changes:

  • Where the notices have been served to the State side by 2PM, the acknowledgment alongwith notice number shall be sent on the same day by 5 PM 
  • Where notices have been sent after 2PM, acknowledgment alongwith notice number shall be sent on the same day by1 PM 
  • All Advocates shall file cases in the Registry mentioning the notice number received from the State side.

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