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Delhi High Court
Kawaljit Kaur & Anr vs State Nct Of Delhi And Ors on 20 January, 2026
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 20.01.2026
+ W.P.(CRL) 201/2026 & CRL.M.A. 1922/2026
KAWALJIT KAUR & ANR. .....Petitioners
Through: Ms. Urvashi Singh, Advocate
(through videoconferencing) with
petitioner in person.
versus
STATE NCT OF DELHI AND ORS .....Respondents
Through: Mr. Rahul Tyagi, ASC for R-1 & R-2.
Mr. Madhu Sudan, Advocate for R-3,
R-4 & R-5.
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. For better understanding, the prayer clause of this writ petition is
extracted below:
"a) Issue Writ, in nature of Mandamus or any other appropriate writ,
order or direction to Respondent No.2 to take immediate action to
remove the CCTV camera which is rotatable and is with sound
recording installed of by the Respondent No.4 and the Respondent
No.5 in the common area covering the entrance of the flat of the
Petitioner.
b) Direct the Respondent No.3 President of the R.W.A (Regd.) of H
Block Naraina Vihar to make cameras functional as shown in the
Annexure P1 in the side area of flat No. H-202 and Flat No. H- 203,
Uday Niketan, Phase-II, Naraina Vihar, New Delhi-110028.
c) To direct the Respondent No.2 and the Respondent No.3 to
compensate the Petitioners @Rs 20,000 each for the inaction and
violation of the right to liberty of the Petitioner.
W.P.(CRL) 201/2026 Page 1 of 3 pages
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afe
c45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1
5570996b40f80cbd2eee60402c487965ff8
01e26fa, cn=GIRISH KATHPALIA
Date: 2026.01.20 17:10:19 -08'00'
d) To grant protection to the Petitioner and her minor son from the
Respondent No.4 and the Respondent No.5 considering the threats
given by the Respondent No.4 and the Respondent No.5.
e) To stay the proceedings that may have been filed by the Respondent
No.2 before the Court of the Special Executive Magistrate, Moti
Nagar (West), Delhi during the pendency of the present petition.
f) To direct the Respondent No.3 to not to remove the date put up by
the Petitioner which secures the flat of the Petitioner, the staircase
of flat No. H-206 to H-212 and does not obstruct the ingress and
egress of the other flat owners ( H-201- H- 212) andPass any other
relief that this Hon'ble Court deems fit and proper as per the facts
and circumstances of the case to meet the ends of justice."
(Bold words as in the prayer clause itself)
2. Learned ASC on behalf of respondents no.1 and 2 appearing on
advance intimation strongly opposes the writ petition as not even
maintainable.
3. As is obvious from the nature of reliefs sought, that too, against a
private association and individual persons, the same are civil disputes and
not amenable to adjudication in criminal writ jurisdiction, except the relief
sought in prayer clause (d).
4. The prayer clause (d) seeks protection for the petitioner and her child
from respondents no.4 and 5. Without entering into the issue as to whether
respondents no.4 and 5 pose any threat to the petitioner and her child, I am
of the considered view that petitioner and her child cannot be denied
protection where they apprehend any harm. Learned ASC also, in all
fairness, does not dispute that it is the duty of the local police to grant
W.P.(CRL) 201/2026 Page 2 of 3 pages
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afe
c45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
KATHPALIA
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d1
5570996b40f80cbd2eee60402c487965ff8
01e26fa, cn=GIRISH KATHPALIA
Date: 2026.01.20 17:10:07 -08'00'
protection to the petitioner and her child from any possible threat.
5. In view of the aforesaid, this writ petition is disposed of directing the
State (respondents no.1 and 2) to ensure protection to petitioner and her
minor child and for that purpose, mobile phone number of the Beat
Constable be shared with her so that whenever in distress, she may call up
the Beat Constable, who shall act according to law. Pending application also
stands disposed of.
DN: c=IN, o=HIGH COURT OF DELHI,
GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4af
ec45569af3962c6fb4835d435f97626cacc
a, ou=HIGH COURT OF DELHI,CID -
KATHPALIA
7047638, postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d
15570996b40f80cbd2eee60402c487965f
f801e26fa, cn=GIRISH KATHPALIA
Date: 2026.01.20 17:09:56 -08'00'
GIRISH KATHPALIA
(JUDGE)
JANUARY 20, 2026/ry
W.P.(CRL) 201/2026 Page 3 of 3 pages
