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Madras High CourtCRL OP/23818/2019closed

Siraj Nisha v. The Commissioner Of Police,

2019-10-15Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.23818 of 2019 Siraj Nisha

...Petitioner

Vs 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai-7 2.The Inspector of Police, F-2, Egmore Police Station, Chennai-8

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, to enquire into the petitioner's complaint dated 10.07.2019 and direct the respondent to collect the CC TV footage recorded of Hotel Singapore from 17.01.2019 to 19.01.2019 and to receive the content and to prove her husband innocence as against the case registered by the customs Thondy. For Petitioner : Mr.R.C.Paul Kanagaraj For Respondents : Mr.C.Iyyapparaj Additional Public Prosecutor

O R D E R

The limited prayer sought for by the petitioner, who is the wife of the accused, is for a direction to the respondent to collect the CC TV footage recorded at Hotel Singapore from 17.01.2019 to 19.01.2019. Such a request has been made in order to enable the petitioner to prove the innocence of her husband. The complaint as against the petitioner's husband was made on 10.07.2019. The learned Additional Public Prosecutor on instructions submitted that pursuant to the complaint, they had enquired with the management personnel of Hotel Singapore and during the course of enquiry, it was revealed that the software for the CC TV maintained at Hotel premises, would have a memory https://hcservices.ecourts.gov.in/hcservices/

for 15 days alone. The period for which, the CC TV footage is requested by the petitioner is from 17.01.2019 to 19.01.2019 and apparently, the complaint has been made after about six months. As such it would not be feasible to direct the respondent police to collect the CC TV footage from the Hotel Singapore. Hence, no effective orders can be passed.

Accordingly, the Criminal Original Petition stands closed.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar vsn/sbn To 1.The Commissioner of Police, Greater Chennai, Vepery, Chennai-7 2.The Inspector of Police, F-2, Egmore Police Station, Chennai-8 3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.23818 of 2019 RSI(CO) CB(26/11/2019) https://hcservices.ecourts.gov.in/hcservices/