Madras High CourtWP(MD)/496/2021dismissed

Boominathan v. The Superintendent Of Police

2022-03-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P (MD).No.496 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P (MD).No.496 of 2021 Boominathan ... Petitioner Vs.

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

2.The Inspector of Police (L&O), Palamedu Police Station, Madurai District.

...Respondents

Prayer : This petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the first respondent to provide petitioner the CCTV footages of the second respondent police Station from 02.11.2020 to 04.11.2020 and consequently grant him an order of "Sanction", under Section 197 of Criminal Procedure Code to initiate criminal proceedings against the erred police personnel by considering his representation dated 19.12.2020. For Petitioner : Mr.M.Solaisamy For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side)

ORDER

This Petition has been filed to direct the first respondent to provide petitioner the CCTV footages of the second respondent police Station from 02.11.2020 to 04.11.2020 and consequently grant him an order of "Sanction", under Section 197 of Criminal Procedure Code to initiate criminal proceedings against the erred police personnel, by considering the petitioner's representation, dated 19.12.2020.

2. On a perusal of the status report filed by the second respondent revealed that the CCTV footage can be preserved only for 45 days and after 45 days, the entire CCTV footage will be automatically erased, hence the said footage was not available with the second respondent.

3. However, in respect of seeking "Sanction" under Section 197 of Criminal Procedure Code to initiate criminal proceedings as against the police personnel, it does not require "Sanction" to lodge a complaint as against the erred Police personnel. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P (MD).No.496 of 2021

4. In view of the above, the Writ Petition is devoid of merits. The writ petition stands dismissed. No costs. Sd/- Assistant Registrar (As) // True Copy // / /2022 Sub Assistant Registrar(CS) sn To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police (L&O), Palamedu Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P (MD).No.496 of 2021 25.03.2022 MGJ(02.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2