Allowed

Ramesh Chand Jain v. Office of the Principal District and Sessions Judge Dwarka Courts New Delhi

Delhi HC13 Sept 2024W.P.(C)/12899/2024

Case brief

AI extract

What is this about?

Petitioner sought preservation of CCTV footage to prove presence in trial court after being marked absent. Court disposed of petition, granting liberty to file application in trial court and directing preservation of footage pending adjudication.

What did the court decide?

Liberty filed to apply before concerned Court; CCTV footage from 12th April 2024 (02:00 PM to 04:30 PM) outside Court No. 604, Dwarka District Court, shall be preserved.

Ramesh Chand Jain Vs Office of the Principal District and… — Property and Title | Delhi HC (2024)

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$~49

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(C) 12899/2024 & CM APPL. 53749/2024

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RAMESH CHAND JAIN .....Petitioner

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Through: Mr. Sumit Thakur, Mr. Sandeep Nainwal, Advocates with Petitioner in person

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versus

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OFFICE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE DWARKA COURTS NEW DELHI .....Respondent Through: Mr. Udit Malik, ASC (Civil) for GNCTD with Mr. Vishal Chanda, Advocate

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CORAM:

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HON'BLE MR. JUSTICE SANJEEV NARULA

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O R D E R % 13.09.2024

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Through the present writ petition, the Petitioner seeks appropriate directions for furnishing of CCTV footage of the Dwarka District Court premises for 12^th April, 2024 from 02:00 PM to 04:30 PM, particularly for the cameras installed outside Court No. 604. The Petitioner contends that despite being present before the Trial Court on the said date, in the ongoing proceedings wherein he is impleaded as a Defendant, he has been marked absent in the order dated 12^th April, 2024 and his right to lead evidence have been closed.

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The CCTV footage is being sought by the Petitioner to gather evidence to establish that he, along with Defendant No. 4 and their respective counsel, were present before the Court on the said date. In this regard, he filed an application dated 1^st May, 2024 requesting the

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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 03/07/2025 at 20:20:02

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preservation and furnishing of the said footage, however, the same has been denied to him vide communication dated 15^th June, 2024, stating that CCTV footage can be provided only under direction of a Court or at the request of investigating agencies. Accordingly, the Petitioner has approached this Court under Article 226 of the Constitution, 1950, seeking necessary directions to this effect.

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After hearing the parties, the Court is of the opinion that in order to demonstrate the presence of the Petitioner on the said date, the request for CCTV footage ought to be made before the concerned Court where the evidence is to be cited. At this juncture, counsel for the Petitioner, seeks liberty to file an appropriate application before the concerned Court and requests that till such time an application is filed and adjudicated, it should be directed that the CCTV footage be preserved.

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Considering the above, the present writ petition is disposed of with liberty as aforesaid, and it is directed that the CCTV footage of the Dwarka District Court Complex from the date of 12^th April, 2024 from 02:00 PM to 04:30 PM, particularly for the cameras installed outside Court No. 604, be preserved.

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It is made clear that the Court has not commented upon the merits of the case and all rights and contentions of the parties are left open.

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Accordingly, the present writ petition is disposed of along with pending applications.

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SANJEEV NARULA, J

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SEPTEMBER 13, 2024/ab

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Ramesh Chand Jain v. Office of the Principal District and Sessions Judge Dwarka Courts New Delhi

Case brief

What is this about?

What did the court decide?

Ramesh Chand Jain v. Office of the Principal District and Sessions Judge Dwarka Courts New Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

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