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High Court of DelhiCRL.M.C./1758/2017

Deep Kumari Batra v. Sugandha Batra & ORS

2017-05-02Hon'Ble Ms. Justice Mukta Gupta2 pages

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1758/2017 DEEP KUMARI BATRA ..... Petitioner Represented by:

Mohd. Sajid, Adv.

versus SUGANDHA BATRA & ORS ..... Respondent Represented by:

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 02.05.2017 Crl.M.A. 7179/2017 Exemption allowed subject to just exceptions. CRL.M.C. 1758/2017 & Crl.M.A. 7178/2017 (stay) Aggrieved by the order dated 7th April, 2017 dismissing the appeal filed by the petitioner under Section 29 of the Protection of Women from Domestic Violence Act, 2005 (in short PWDV Act) the petitioner prefers the present petition.

In the appeal before the learned Additional Sessions Judge the petitioner assailed the order dated 21st November, 2016 passed by the learned MM granting liberty to the respondent No.1 to install the CCTV camera at the first floor and the access to first floor at property No.26/9, Punjabi Bagh Extn.. In the impugned order the learned Additional Sessions CRL.M.C. 1758/2017

Judge noted that admittedly the respondent No.1 was residing at the first floor of the property above-mentioned and the petitioner had also installed her own CCTV cameras at the vital places in the property in her possession. Thus installation of the camera at the first floor and access to first floor cannot be held to be prejudicial to the privacy of the petitioner. Though during the course of arguments learned counsel for the petitioner expressed his grievance against the order dated 1st February, 2017, however the order dated 1st February, 2017 was not challenged in appeal and no prayer has been made even in the present petition to set aside the said order. As noted by the learned Additional Sessions Judge since the petitioner has also installed CCTV cameras at vital places in her house, the respondent No.1 who is admittedly in possession of the first floor cannot be denied the right to install the CCTV cameras at the first floor and the access to the first floor.

Petition and application are dismissed.

MUKTA GUPTA, J.

MAY 02, 2017 'ga'

CRL.M.C. 1758/2017