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Madras High CourtCRL OP/26319/2022disposed of

J.N.Naresh Kumar v. The Commsiioner Of Police

2023-07-04Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 04.07.02023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH J.N.Naresh Kumar ... Petitioner Vs.

1.

The Commissioner of Police Avadi, Chennai-54.

The Deputy Commissioner of Police Redhills District Chennai.

... Respondents This Criminal Original Petition is filed under Section 482 Cr.P.C. to direct the second respondent police to preserve the CCTV footage recorded on 27.09.2022 from 10 AM to 12 PM in T-3, Koratur police station. For Petitioner : Mr.Jai Kumar For Respondent : Mr.A.Damodaran Additional Public Prosecutor 1/5

ORDER

This Criminal Original Petition has been filed for a direction to the 2nd respondent police to preserve the CCTV Footage that was recorded on 27.09.2022 between 10.00 a.m. to 12.00 p.m. at T3 Korattur Police Station.

Heard Mr.Jai Kumar, learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor, for respondents.

3.

The case of the petitioner is that he is a practicing Advocate and on 27.09.2022, he went to T3, Korattur Police Station at around 10.00 am along with his client with respect to an enquiry based on the complaint given against one Srinivasan. According to the petitioner, the Inspector of the Police Station came around 10.30 a.m. and he abused his client and the petitioner. He was also threatened. The further allegation made in the affidavit is that the inspector of Police used filthy language and abused the petitioner. Thereafter, the petitioner and his client were 2/5

restrained in the police station and the mobile phone was also taken away. 4.

A complaint was given by the petitioner in this regard and in order to prove the allegations, the petitioner wants the CCTV footage recorded on 27.09.2022 at T3, Korattur Police Station to be preserved. Accordingly, the present Criminal Original petition has been filed before this Court.

5.

The learned Additional Public Prosecutor submitted that a complaint was given by the police official belonging to T3, Korattur Police Station against the petitioner and the petitioner had also given a complaint against the police. Both these complaints were enquired by the Deputy Commissioner of police. Ultimately, both the complaints were closed through a report dated 03.01.2023. The report was also placed before this Court.

6.

In view of the above development, no useful purpose will be served by directing the police to preserve the CCTV Footage since the very 3/5

complaint itself has been closed. If the petitioner is aggrieved by the closure of the complaint, the petitioner has to work out his remedy in the manner known to law. Except giving this clarity, no further can be passed in this Criminal Original petition.

04.07.2023 rka Index :Yes/No Internet:Yes Speaking Order/Non-speaking Order To 1.

The Commissioner of Police, Avadi, Chennai-54. The Deputy Commissioner of Police Redhills District Chennai.

3.

The Public Prosecutor, Madras High Court, Chennai.

4/5

N.ANAND VENKATESH ,J.

rka 04.07.2023 5/5