Sivaprakash v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2024 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI W.P(MD) No.9683 of 2024 Sivaprakash ... Petitioner Vs.

1. The Superintendent of Police Madurai District.

2. The Inspector of Police Thirumangalam Town Police Station, Madurai District.

3. The Chief Doctor, Government Hospital, Thirumangalam, Madurai.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 herein to obtain CCTV footage from the 3rd respondent on the basis of the petitioner's representation, dated 13.04.2024 within the time stipulated by this Court. For Petitioner : Mr.J.Vishnu For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.side) 1/4

O R D E R

The petitioner has filed this petition to direct the respondents 1 and 2 herein to obtain CCTV footage from the 3rd respondent on the basis of the petitioner's representation, dated 13.04.2024

2. The petitioner wants to preserve the C.C.T.V footage of the Tirumangalam Government Hospital. According to the petitioner, when he was admitted in the Government Hospital, Tirumangalam, 6 persons entered into the Hospital and assaulted the petitioner in the hospital itself. The entire incident has been captured in the C.C.T.V available in the Government Hospital. The respondent police has not taken any steps to recover the C.C.T.V footage available in the Government Hospital. The C.C.T.V footage cannot be preserves for more than certain period. In view of this slackness on the part of the investigation agency in collecting the necessary materials, this petitioner has approached this Court.

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3. The learned Government Advocate (Crl.side) appearing for the respondents submits that the C.C.T.V footage has not been recovered sofar.

4. Considering the manner, in which the investigation is being conducted, this Criminal Original Petition is allowed with a direction to the respondent police to recover the C.C.T.V footage from the Government Hospital and to preserve the same. There shall be no order as to costs.

24.04.2024 Index : Yes/No Internet: Yes/No LS To

1. The Superintendent of Police Madurai District.

2. The Inspector of Police Thirumangalam Town Police Station, Madurai District.

3. The Chief Doctor, Government Hospital, Thirumangalam, Madurai.

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

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B.PUGALENDHI, J LS Note: Issue order copy on 02.05.2024 Order made in W.P.(MD) No.9683 of 2024 24.04.2024 4/4