Abhishek.M.D, v. The Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.03.2025 CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ Abhishek.M.D, S/o M.Devasahayam 12/66, Vadamalai Street Purasaiwakkam Chennai - 600007.
Petitioner(s) Vs
1. The Registrar High Court of Madras Chennai - 600104.
2. The Registrar City Civil Court Chennai - 600104 Respondent(s) PRAYER: Petition under Article 226 seeking issuance of a writ of mandamus directing respondents to provide copies of the two preserved CCTV footages of the alleged incident occurred around 10.30 to 11.30 before the Family
Court, Chennai dated 05.03.2024 for submitting as evidence in the ongoing cases i.e. CSR No.43 of 2024 pending before the B4 High Court Police Station; Compliant No.208 of 2024 pending before the Bar Council of Tamilnadu and Puducherry; Crl.MP.11634 of 2024 before the VII Metropolitan Magistrate Court; and OS No. 7114 of 2024 pending before the IV Assistant Judge, City Civil Court, Chennai, mentioned above, allowing the petitioner to present it as evidence before the concerned courts to facilitate a just adjudication.
For Petitioner(s):
Mr.Abhishek, Party-in-person For Respondent(s): Mr.J.Chandran Sundar Sashikumar
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Petitioner states he has approached the VII Metropolitan Magistrate requesting directions for registration of an FIR under Section 156(3) of the Code of Criminal Procedure and the case has been registered as Crl.M.P.No.11634 of 2024. Petitioner states he has also filed a defamation damage suit, which has been numbered as O.S.No.7114 of 2024 and is currently pending before the IV Assistant Judge, City Civil Court, Chennai.
2. According to petitioner, certain incidents happened on 5.3.2024 in the premises of the Additional Family Court at Chennai. He has made
allegations against certain individuals and has filed the complaint and suit mentioned above. Petitioner states the incidents must have been captured by the CCTV placed in the Family Court premises. According to petitioner, the CCTV footage has been preserved. Petitioner wants these CCTV footages to be given to him to be used in evidence.
3. Shri Chandran, relying on an Office Memorandum dated 19.8.2024, submits that the CCTV footage, if preserved, can be provided only to the investigation agency or as per court direction. Counsel also submits that the CCTV footage cannot be given to any individual.
4. We dispose of the petition with the following directions, without going into the issue whether there is any CCTV footage preserved of the incidents that allegedly happened on 5.3.2024: (a) If the Registrar concerned receives a communication/ summons to produce the CCTV footage from any court of law, the same shall be produced before the court of law for considering the same.
(b) Copy of the footage shall not be made available to any individual and shall not be left in the said court of law, unless there is a specific order by the court to leave the CCTV footage or copy thereof in its custody.
(c) No party, including petitioner, shall release the CCTV footage in any media - digital or otherwise.
5. There shall be no order as to costs.
We clarify that we have not made any observation on the merits of the allegations made by petitioner against any party. (K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ,J.) 04.03.2025 Index :
Yes/No NC :
Yes/No sasi To:
1. The Registrar High Court of Madras Chennai - 600104.
2. The Registrar City Civil Court Chennai - 600104.
THE HON'BLE CHIEF JUSTICE AND MOHAMMED SHAFFIQ ,J.
(sasi)
04.03.2025