M.Arumugam v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL.O.P.No. 5628 of 2020 M.Arumugam ... Petitioner Vs.

1. The Superintendent of Police, Villupuram, Villupuram District.

2. The Deputy Superintendent of Police, Tindivanam, Villupuram District.

3. The Inspector of Police, Mailam Police Station, Tindivanam Taluk, Villupuram District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the third respondent police to produce the CCTV Footage of the incident dated 03.12.2019 in Tindivanam Court premises between 10.30 a.m to 12.00 a.m for the nature of justice.

For Petitioner : Mr.A.Vinoth Kumar For Respondents For R1 to R3: Mr.S.Karthikeyan Additional Public Prosecutor

ORDER

This petition has been filed for a direction to direct the third respondent to produce the CCTV footage in pursuant to the incident happened on 03.12.2019.

2. Heard Mr.A.Vinoth Kumar, learned counsel appearing for the petitioner and Mr.S.Karthikeyan, learned Additional Public Prosecutor appearing for the respondents.

3. The learned Counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Without any base, the third respondent police registered a case in Crime https://hcservices.ecourts.gov.in/hcservices/

No.552 of 2019 for the offences under Sections 294(b), 323, 355, 306(i) of IPC, as against the petitioner. Hence he prayed to quash the same.

4. The learned Additional Public Prosecutor submitted that the petitioner and the counter party have lodged a complaint. On the complaint lodged by the petitioner for the crime registered as against the counter party in Crime No.553 of 2019 in which the investigation has completed and also filed final report.

5. On the complaint lodged as against the petitioner, a case was registered in Crime No.552 of 2019 and after the completion of investigation they referred the FIR as mistake of fact as early as on 11.12.2019 itself. Therefore, the FIR is pending against the petitioner is now closed. Therefore, the details in respect of CCTV Footage is not required to the petitioner for any purpose. Even according to the petitioner, the petitioner is accused in Crime No.552 of 2019 and does not require any CCTV Footages.

6. With the observation, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar arb To

1. The Superintendent of Police, Villupuram, Villupuram District.

2. The Deputy Superintendent of Police, Tindivanam, Villupuram District.

3. The Inspector of Police, Mailam Police Station, Tindivanam Taluk, Villupuram District.

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No. 5628 of 2020 LN(CO) RMP(23/07/2020) https://hcservices.ecourts.gov.in/hcservices/