Madras High CourtCRL OP(MD)/10274/2022disposed of

O.Homerlal v. The Superintendent Of Police

2022-06-10Honourable Mr Justice V.Sivagnanam2 pages

Crl.O.P.(MD) No.10274 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM CRL.O.P (MD) No.10274 of 2022 and Crl.M.P(MD) No.6430 of 2022 O.Homerlal ... Petitioner Vs

1. The Superintendent of Police, at Nagercoil, Kanyakumari District.

2. The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

(Crime No.543 of 2019) ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the second respondent to further investigate the case considering the CCTV footages recorded by the second respondent during the course of investigation in connection with Crime No.543 of 2019 on the file of the Thuckalay Police Station, Kanyakumari District and to file additional charge sheet. For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.R.Suresh Kumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed for a direction to direct the second respondent to further investigate the case considering the CCTV footages recorded by the second respondent during the course of investigation in connection with Crime No.543 of 2019 on the file of the Thuckalay Police Station, Kanyakumari District and to file additional charge sheet.

2. The learned counsel for the petitioner submitted that the second respondent police had seized the CCTV footage at the time of investigation, but they have not produced before it the concerned Court. It is also stated in the statement of the defacto complainant recorded under Section 161 Cr.P.C., that the respondent police failed to produce the CCTV footage along with charge sheet.

3. The learned Government Advocate (Criminal Side) submitted that the investigation has been completed and final report has been filed before the Judicial Magistrate No.I, Padmanabapuram. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.10274 of 2022

4. Recording the same, since the investigation has been completed final report has been filed before the Judicial Magistrate No.I, Padmanabhapuram, by producing the CCTV footage as additional evidence. According to the complainant, additional evidence has not been produced by the police. It is open to the complainant to procure the CCTV footage at the time of trial, if needed, by filing a petition for receiving additional evidence before the trial Court.

5. With this observation, this Criminal Original Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-II) // True Copy // /07/2022 Sub Assistant Registrar(CS) ebsi To

1. The Superintendent of Police, at Nagercoil, Kanyakumari District.

2. The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

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

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-25320[F] dated 13/06/2022 ) CRL.O.P (MD) No.10274 of 2022 10.06.2022 CK(CO) KB(07.07.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2