Madras High CourtWP/8166/2023disposed of

Dr.R.Rajalakshmi v. The State

2023-03-17Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN Dr.R.Rajalakshmi ... Petitioner Vs.

The State represented by The Inspector of Police, K-6, T.P.Chathiram Police Station, Chennai.

... Respondent PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the respondent to consider petitioner representation dated 07.02.2023 and recover the CCTV footage of the ATM used for withdrawal of money from the petitioner's account, which is located in Old Washermanpet for the period from 9.45 A.M to 10.15 A.M on 27th January 2023 within time frame fixed by this Court. For Petitioner : Mr.P.Arumugavel For Respondent : Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

The Writ Petition has been filed to direct the respondent to consider petitioner representation dated 07.02.2023 and recover the CCTV footage of the ATM used for withdrawal of money from the petitioner's account, which is located in Old Washermanpet for the period from 9.45 A.M to 10.15 A.M on 27th January 2023 within time frame fixed by this Court.

2. It is the submission of learned counsel for the petitioner that, petitioner lost her purse with two ATM cards bearing Account No.000501000045407 of Indian Overseas Bank, Aminjikarai Branch and Account No.184001001512543 of City Union Bank, KK.Nagar Branch. Both the ATM cards are misused by some unknown person for withdrawing money from the bank accounts of the petitioner in Old Washermenpet area. Petitioner gave a complaint in this regard to the respondent police. Unless CCTV footages from the ATM are seized, it would be difficult to identify and prosecute the accused. Therefore, this petition is filed to direct the respondent to consider petitioner representation dated 07.02.2023 and recover the CCTV footages of the ATM.

3. Learned Government Advocate (Criminal side) submitted that, on the basis of the complaint given by the petitioner, respondent police sent requisitions to City Union Bank at K.K.Nagar Branch and Indian Overseas Bank at Old Washermenpet, seeking CCTV footages. Once CCTV footages are received, necessary follow up action would be taken.

4. Heard the learned counsel for the parties and perused the records.

5. Considering the nature of the allegations, where it is alleged that, the ATM cards of the petitioner are used illegally by some unknown person, respondent police is directed to recover CCTV footages immediately and proceed to register First Information Report, if cognizable offence is made out and investigate the case and file final report as expeditiously as possible.

6. With the above directions, this Writ Petition is disposed of. No costs. 17.03.2023 Index :Yes/No Internet:Yes/No Gd Note:Issue order copy on 17.03.2023.

G.CHANDRASEKHARAN, J.

Gd To 1.The Inspector of Police, K-6, T.P.Chathiram Police Station, Chennai.

2.The Public Prosecutor, High Court of Madras.

17.03.2023