Madras High CourtWP(MD)/21241/2022disposed of

Muthuramalingam v. The State Of Tamil Nadu Rep By

2024-02-12Honourable Mr Justice M.Dhandapani7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:12.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.21241 of 2022 Muthuramalingam ... Petitioner Vs.

1.The State of Tamil Nadu Represented by The Principal Secretary, Home, Prohibition and Excise Department, Fort St.George, State Secretariat, Chennai - 600 009.

2.The Director General of Police, Office of the Superintendent of Police, Mylapore, Chennai.

3.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

4.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Mudukulathur Sub Division, (Law and Order), Ramanathapuram District.

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5.The Inspector of Police, Kadaladi Police Station, Ramanathapuram District.

6.Mrs.Tancyrani (In Charge of Kadaladi Police Station), Ilanchembur Police Station, Ramanathapuram District.

... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to preserve the CCTV footage, which is installed in the respondent no.5 police station on 22.08.2021 to 23.08.2021 and furnish the same to the petitioner on the basis of petitioner's representation dated 10.08.2022, 25.08.2022 in accordance within the time stipulated by this Court. For Petitioner : Mr.Alagumani.R For R1 to R5 : Mr.S.Manikandan Government Advocate (Crl.Side)

O R D E R

This Writ Petition has been filed to direct the respondents to preserve the CCTV footage, which is installed in the respondent no.5 police station on 22.08.2021 to 23.08.2021 and furnish the same to the petitioner on the basis of petitioner's representation dated 10.08.2022, 25.08.2022 in accordance within the time stipulated by this Court. 2/7

2. The case of the prosecution is that several criminal cases are foisted against the petitioner by Ilanchambur and Mudukulathur Police Stations. On 22.08.2021 at about 11.00 p.m., the respondent No.6 came along with three Police officials to the petitioner's house, took the petitioner under their illegal custody and foisted a false case in Crime No.125 of 2021 on the file of the fifth respondent and she threatened him to admit the guilt. Thereafter, the respondent Nos.5 and 6 and other Police officials covered the petitioner's eyes and attacked him by steel rod. As a result, the petitioner's right leg got fractured, for which, he was admitted in a hospital. Further, he was detained under Tamil Nadu Act 14 of 1982 and confined at Central Prison, Madurai.

Thereafter, he appeared before the Advisory Board and the detention order passed by the District Magistrate/District Collector, Ramanathapuram District, against the petitioner was revoked. The occurrence on 22.08.2021 was recorded in the CCTV placed in the respondent No.5 Police Station. The said action of the respondent No.6 caused violation of the Apex Court's decisions. Thereby, the petitioner made a application before the Public Information Officer of the Respondent No.

regarding the Crime No.125 of 2021 including the CCTV footage recorded at the respondent No.5 Police Station from 22.08.2021 to 24.08.2021. But no information has been furnished to the petitioner. Therefore, on 10.08.2022, he filed an appeal under Section 19(1) of the Right to Information Act, 2005. But the respondent Nos.5 and 6 continuously harrasing the petitioner in order to foist false cases. Hence, the present petition has been filed seeking direction to the respondents.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the respondent Nos.1 to 5 are directed to consider the representation of the petitioner, dated 25.08.2022, and pass appropriate orders on merits and in accordance with law, within a specified period.

4. The learned Government Advocate (Crl.Side) appearing for the respondent No.1 to 5 would submit that the petitioner's representation dated 25.08.2022 will be considered in the manner known to law. 4/7

5. Recording the submissions made by the learned Government Advocate (Crl.Side), the respondent No.5 are directed to consider the representation of the petitioner, dated 25.08.2022 and pass appropriate orders in the manner known to law within a period of four weeks from the date of receipt of copy of this order.

6. With the above said direction, this Writ Petition is disposed of. No costs.

12.02.2024 NCC:Yes/No Index:Yes/No Internet:Yes/No Indu 5/7

To:

1.The State of Tamil Nadu Represented by The Principal Secretary, Home, Prohibition and Excise Department, Fort St.George, State Secretariat, Chennai - 600 009.

2.The Director General of Police, Office of the Superintendent of Police, Mylapore, Chennai.

3.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

4.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Mudukulathur Sub Division, (Law and Order), Ramanathapuram District.

5.The Inspector of Police, Kadaladi Police Station, Ramanathapuram District.

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

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M.DHANDAPANI,J.

Indu 12.02.2024 7/7