HARSHEREKHA AJAY GARG Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India and sec. 482 of the Code of Criminal Procedure, 1973 (the Code) assails the legality, propriety and correctness of an order dtd. 30/9/2021 passed by the learned Metropolitan Magistrate, 40th Court, Girgaon, Mumbai issuing process against the petitioners/respondent Nos. 1 and 3 for the offences punishable under sec. 31 of the Protection of Women from Domestic Violence Act, 2005 (the DV Act, 2005).

(2.) The background facts leading to this petition can be stated in brief as under:

(3.) The respondent No. 2/complainant preferred an application alleging breach of the aforesaid order. It was alleged that on 5/3/2020, the respondent Nos. 1 and 3/petitioners herein, in flagrant violation of aforesaid order, installed five CCTV cameras (wifi enabled) in the aforesaid matrimonial home of respondent No. 2, in respect of which the learned Magistrate had passed protection orders. The respondent No. 2 furnished the particulars of the locations where the CCTV cameras were installed. It was further alleged that the petitioner No. 2 threatened that he would monitor the movements of the complainant and record the conversations 24 x 7. This act of the petitioners constituted an invidious infringement on respondent No.2 's right to privacy and in clear breach of the direction that the parties shall respect each other 's privacy and dignity.