Madras High CourtCRL OP(MD)/6273/2023disposed of

Muthukumar v. The Commissioner Of Police

2023-04-05Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2023 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN Muthukumar ... Petitioner Vs.

1.The Commissioner of Police, Madurai City, 2.The Assistant Commissioner of Police, Commissioner of Police Office, Madurai City, 3.The Inspector of Police, Sellur Police Station, Madurai City, Madurai District.

Crime No.1360 of 2022 ... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 2nd respondent to preserve the CCTV footage records from 28.12.2022 at about 6 AM to 29.12.2022 at about 10 AM in the 3rd respondent police station which is a viral material in Cr No. 1360/2022 on the file of the 3rd respondent police on the basis of representation made by the petitioner dated 14.02.2023. 1/5

For Petitioner : Mr.Jeganathan.C For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

This petition has been filed seeking direction to the 2nd respondent to preserve the CCTV footage records from 28.12.2022 at about 6 AM to 29.12.2022 at about 10 AM in the 3rd respondent police station which is a vital material in Cr No.1360/2022 on the file of the 3rd respondent police on the basis of representation made by the petitioner dated 14.02.2023.

2. The learned counsel for the petitioner submitted that the petitioner made a request under the Right to Information Act on 14.02.2023 to the second respondent to provide CCTV footage, which was available in the 3rd respondent police station from 28.12.2022 to 29.12.2022. The second respondent received the application and stated that CCTV footage will be available only for a period of 15 days and thereafter it will lapse automatically. He further submitted that in order to provide CCTV footage, he had given a such a false information to the petitioner. Hence, he filed this petition.

3. When the matter is taken up for hearing, the learned Additional Public Prosecutor appearing for the respondent police submitted that the 2/5

petitioner along with the other persons filed Crl.O.P(MD).No.3706 of 2023 for quashment of the FIR. At the time of hearing, the learned Additional Public Prosecutor submitted that final report was filed before the concerned Court through E-filing. He further submitted that CCTV footage will be available only for a period of 15 days and thereafter, it will lapse automatically.

4. Considering the facts and circumstances of this case, this Court feels that such direction may not serve the purpose. The petitioner is directed to prove his case before the concerned Court through the appropriate proceedings. Accordingly, this Criminal Original Petition is disposed of. 05.04.2023 Index : Yes/No Internet:Yes/No tta To 1.The Commissioner of Police, Madurai City, 2.The Assistant Commissioner of Police, Commissioner of Police Office, Madurai City, 3.The Inspector of Police, Sellur Police Station, Madurai City, Madurai District.

4.The Additional Public Prosecutor, 3/5

Madurai Bench of Madras High Court, 4/5

G.ILANGOVAN, J., tta 05.04.2023 5/5