Madras High CourtCRL OP(MD)/14421/2020dismissed

Kayalvizhi v. The Superintendent Of Police

2022-02-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.14421 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.02.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.14421 of 2020 Kayalvizhi ... Petitioner Vs.

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

2. The Inspector of Police, Jeeyapuram Police Station, Trichy District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to issue a direction directing the second respondent to preserve the CCTV footage recorded in his police station from 15.11.2020 at about 6.00 P.M., to 16.11.2020 at about 4.00 P.M. For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the second respondent to preserve the CCTV footage recorded in his police station from 15.11.2020 at about 6.00 P.M., to 16.11.2020 at about 4.00 P.M.

2. The case of the petitioner is that, on 14.11.2020, at about 12.00 P.M., one Lakshman, Siva, Mohan, Natarajan, Malathi and Rangapillai gathered in front of her father-in-law's grocery shop and abused him and assaulted him with wooden log. They also damaged their shop by breaking the glass door worth about Rs.7000/-.

3. However, the petitioner lodged complaint only on 15.11.2020. For the very same occurrence, a counter complaint was received from the other counter party and a case has been registered as against the petitioner in Crime No.1067 of 2020 for the offences under Section 147, 148, 294(b), 448, 324, 506(ii) of IPC and Section 4 of TNWH Act.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14421 of 2020 4.This Criminal Original Petition has been filed on the ground that the petitioner's complaint was not received and the second respondent disputed the presence of the petitioner on 15.11.2020 before the second respondent.

5. The learned Additional Public Prosecutor submitted that on receipt of the complaint from the petitioner dated 15.11.2020, she was issued C.S.R. No.527 of 2020. Thereafter, she also submitted a representation dated 18.11.2020. The entire allegations levelled as against the counter parties are false and as such, the complaint lodged by the petitioner was closed on 31.11.2020.

6. Therefore, the presence of the petitioner before the police station and lodging of complaints have been clearly proved and as such, the preservation of CCTV footage from 15.11.2020 to 16.11.2020 does not attract.

7. Therefore, this Criminal Original Petition is devoid of merits. This Criminal Original Petition is dismissed. Sd/- Assistant Registrar (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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

2. The Inspector of Police, Jeeyapuram Police Station, Trichy District.

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

Crl.O.P(MD).No.14421 of 2020 25.02.2022 MGJ(18.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2