✦ High Court of India · 07 Jul 2023

Appearance not given v. STATE OF NCT OF DELHI ANR

Case Details High Court of India · 07 Jul 2023
Court
High Court of India
Decided
07 Jul 2023
Bench
Not available
Length
2,097 words

W.P.(CRL) 1750/2023 Page 1 of 5 $~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1750/2023 & CRL.M.A. 17794/2023, CRL.M.A. 20986/2023 NEELAM ARORA & ANR. .....Petitioners Through: Appearance not given. versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Sanjeev Lao, Standing Counsel with Mr. Abhinav Kr. Arya, Ms. Priyam Agarwal and Mr. Aryan Sachdeva, Advocates. SI Vikas, PS: Rajouri Garden. Mr. Prabhjit Jauhar, Advocate for R-2. CORAM: HON’BLE MR. JUSTICE SANJEEV NARULA O R D E R % 09.10.2025 1. Neelam Arora (Petitioner No. 1) and Prem Prakash Arora (Petitioner No. 2), who are the mother-in-law and father-in-law respectively of Respondent No. 2, have filed the present petition, arraying Respondents No. 3 to 6 as unknown women, and seeking the following reliefs: “a) For issuance of a writ of Mandamus directing the Respondent No.1 to remove Respondent No.3 to 6 from the house of the Petitioners; b) Grant Police Protection to the Petitioners and restrain the entry of any trespasser in the house of Petitioners;” 2. On 07th July 2023, Respondent No. 2 was deleted from the array of parties. Subsequently, on 18th July 2023, upon perusal of the status report, the Court directed the State to file an updated status report and verify the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/10/2025 at 13:12:58 W.P.(CRL) 1750/2023 Page 2 of 5 allegations made by the Petitioners regarding certain unknown women allegedly intimidating them. 3. In compliance with Court’s directions, multiple status reports have been filed. The status report dated 15th August, 2023, records as follows: “It is submitted that the present Writ Petition was filed by Mrs. Neelam Arora W/o Sh. Prem Parkash Arora R/o GB-25, Shivaji Enclave, Tagore Garden, Rajouri Garden, Delhi wherein the petitioner leveled the allegations of trespass on four unknown females states that they entered into her above mentioned property i.e. H No. GB-25, Shivaji Enclave, Tagore Garden, Rajouri Garden, Delhi and further prayed for issuance of a Writ of Mandamus directing SHO PS Rajouri Garden to remove them from her house and also to grant Police protection to the Petitioner and restrain the entry of any trespasser in her house. During the enquiry it was found that Respondent No. 1 Smt. Manju Arora is the daughter in law of petitioner Neelam Arora and multiple Criminal as well as Civil litigations are pending between Mrs. Manju Arora and the petitioner’s family. Case FIR No. 366/2023, dated 23/05/2023, U/s 323/341/354/506 IPC, Case FIR No. 748/2022, U/s 323/326/354/498A/406/34 IPC, dated 24/12/2022 & E-FIR No. 1074/2023, U/s 380 IPC, PS Rajouri Garden were registered at PS Rajouri Garden on the statement of respondent Manju Arora against present petitioner and her family. Case FIR No. 365/2023, dated 22/05/2023, U/s 323/341/506 IPC & E-FIR No. 1056/2023, U/s 380 IPC, PS Rajouri Garden were registered on the statement of present Petitioner Mrs. Neelam Arora against respondent Manju Arora. All the above cases are pending for investigation at PS Rajouri Garden. Multiple civil petitions are also pending between both the parties at Tis Hazari Courts. The copy of all the FIR’s is attached as Annesure-1 for your kind perusal. The house of the present Petitioner was visited and contact details of SHO PS Rajouri Garden and other staff deployed in the area were provided to the Petitioner in case of any emergency. The beat staff deployed in the area was also specifically briefed to ensure the security of the Petitioner. The copy of intimation letter wherein contact details of Police personals was provided to petitioner is attached as Annexure-2 for your kind perusal. During the course of enquiry respondent Mrs. Manju Arora was also examined and her statement was recorded wherein she stated that she is having into matrimonial dispute with her husband & in-laws and due to her ill health she has recruited two lady attendants to look after her (24x7) through Top One Security and Maid Services Agency, Dwarka, Delhi. The lady attendants who visit her house in two shift that is day and night shift basis. The name of the lady attendants are Mrs Nisha W/o Sh. Ajay Singh This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/10/2025 at 13:12:58 W.P.(CRL) 1750/2023 Page 3 of 5 R/o 16/353, I-Block, Papa Nagar, Karol Bagh, Delhi (Day Attendent) and Mrs. Kiran W/o Salim Hussain R/o H. no. 215, New Kondli, Mayur Vihar, Ph-III, Delhi (Night Care Taker). She further submitted that one maid for cleaning namely Renuka W/o Ajay R/oh. No. B-3/590, TC Camp, 12 sq yards, Raghubir Nagar, Delhi also visits her house in the morning for 30 mints. As per the directions of the court the permanent caretaker moves out of the house when the maid comes for cleaning and only one servant remain present in the house. She also submitted that one Yoga teacher Mrs, Savita W/o Durga Prasad R/o B-1/30, 1st floor, Shivaji Vihar, Delhi also visits her house at 11:00 AM for one hour on daily basis. The statement of Mrs. Manju Arora is attached as Annexure-3 for your kind perusal. The identity proofs of all the four lady servants/care takers who daily visits petitioner house on her daughter in law Manju’s Instructions are attached Annexure-4 for your kind perusal. As part of verification process the previous criminal record of all the four servants was also checked and as per the SCRB record no previous criminal involvement was found registered against them. The report of SCRB is attached as Annexure-5 for your kind perusal. During the visit at petitioner’s house total 10 cameras were found installed in the house. 9 cameras were found installed at each and every common place of the house (including main gate, lawn, common passage, washing area, main entry of building, drawing room, kitchen, stairs and passage on 1st floor) and all the cameras are under the exclusive control of petitioner’s family only. One movable camera (Camera No. 7) was also found placed inside the room of respondent Manju Arora and that camera is under the control of Mrs. Manju Arora. The cameras were got installed by petitioner on the order of Sh. Dharmendra Kumar, ADM (West/Presiding officer, Senior Citizen’s Maintenance Tribunal, District West, Delhi, dated 10/05/2022. As per the court order both the parties were directed to get installed the CCTV cameras in common places of house. The cameras were got installed by petitioner only and she have exclusive control over the cameras. Court order along with photograph of every camera is attached as Annexure 6 for your kind perusal. The respondent Manju Arora doesn’t have access to existing cameras. A fresh set of cameras parallel to existing cameras under her control can also be installed. Mrs. Manju Arora also filed a petition under domestic violence act before the Hon’ble court pf Ms. Akasha Gautam, Ld MM, Tis Hazari courts and the hon’ble court vide is order dated 15/11/2022 allowed Mrs. Manju Arora to use the common shared house hold. The relevant courts orders are attached as Annexure-7 for your kind perusal. The owner/director of Top One Security Services, Sec-23, Dwarka, Delhi was also contacted and briefed about the order of Hon’ble Delhi High Court. A written reply was filed by the owner/director of above This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/10/2025 at 13:12:58 W.P.(CRL) 1750/2023 Page 4 of 5 agency in this regard which is attached as Annexure-8 for your kind perusal. All the servants who visit the petitioner’s house were also briefed to comply with the directions of Hon’ble Delhi High Court dated 18/07/2023. There are multiple criminal and civil litigations pending between the petitioner and the respondent Manju Arora and accordingly a Kalandra vide GD No. 80A, dated 13/05/2023, U/s 107/150 Cr.P.C. was also prepared to maintain peace between both the parties. The copy of Kalandra is attached as Annexure-9 for your kind perusal. The alleged trespassers are servants/attendants of daughter in law of present petitioner. Necessary preventive measures were also taken to ensure the security of the petitioner. The undersigned is ready to abide by any order/direction passed by the Hon’ble High Court.” 4. Subsequent status reports were also filed, the latest being dated 29th November, 2023, which reads as follows: “It is submitted that the present Writ Petition was filed by Mrs. Neelam Arora W/o Sh. Prem Parkash Arora R/o GB-25, Shivaji Enclave, Tagore Garden, Rajouri Garden, Delhi wherein the petitioner leveled the allegations of trespass on four unknown females who entered into her above mentioned property i.e. H No. GB-25, Shivaji Enclave, Tagore Garden, Rajouri Garden, Delhi and further prayed for issuance of a Writ of Mandamus directing SHO PS Rajouri Garden to remove them from her house and also to grant Police protection to the Petitioner and restrain the entry of any trespasser in her house. It is further submitted that the petitioner through present petition seeks early hearing in the present matter. Further the petitioner Neelam Arora attached her medical treatment papers and the same was got verified from concerned hospital. The medical treatment papers were found genuine and the concerned doctor opined that "Verified that the patient Neelam Arora was seen by me on 23/10/2023. She is suffering from Diabetes Type-2, Rheumatoid Arthritis and Hyperthyroidism. She did not require hospitalization at that time. No surgical treatment was planned. Most of the medicines required life long. The prescription attached is genuine. Patient’s condition in such cases keeps getting worse off and on". The verification report of concerned doctor is attached for your kind perusal as Annexure-1. It is further submitted that a written reply was also obtained from Top One Security Services (Agency from which respondent Manju Arora hired her care takers) wherein the agency submitted that "As per our earlier statement given to you on 30.07.2023 we are in the business of providing manpower services and provide staff as per the requirement. We also provide staff for house hold purpose. We again bring to your notice This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/10/2025 at 13:12:58 W.P.(CRL) 1750/2023 Page 5 of 5 that two caretakers are employed at Mrs Manju Arora residence at GB-25 Shivaji Enclave Rajouri Garden New Delhi. There are two care takers who work in 2 shifts of 12 hours each. As per the directions of the Hon’ble High Court only 1 Care taker is present in the house i.e. when one care taker leaves the house only then the other care taker goes inside. There has been no change in the caretakers. We are attaching the previous statement given to you and the details of both the caretakers are mentioned in that." The reply of concerned agency is attached as Annexure-2 for your kind perusal. It is further submitted that the Police verification report in respect of the house hold staff/caretakers employed by respondent Manju Arora has already been filed before the Hon’ble Court through earlier status report. There is no change in the staff employed by respondent Manju Arora. The undersigned is ready to abide by any order/direction passed by the Hon’ble High Court.” 5. From the perusal of the above reports, it emerges that the alleged trespassers are in fact household staff/caretakers engaged by the Petitioner’s daughter-in-law, Manju Arora (Respondent No. 2), through a registered manpower agency. Their identities have been verified, no criminal antecedents have been found, and appropriate preventive measures have been taken by the police to ensure the Petitioners’ safety. 6. In light of the action taken by the State and the preventive steps already in place, the Court is satisfied that no further directions are required at this stage. 7. Accordingly, the present petition is disposed of, along with pending applications. SANJEEV NARULA, J OCTOBER 9, 2025 d.negi

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