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2023 Supreme(Online)(MAD) 17238

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.09.2023 CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN W.P.(MD) No.22557 of 2023 and W.M.P.(MD).No.18805 of 2023 Poomani ... Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Deputy Commissioner of Police, Madurai City, Madurai.

3.The Inspector of Police, Theppakulam Police Station, Madurai City. ..Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner’s representation, dated 11.09.2023 and to find out whether the petitioner’s son, namely, Sanjay Kumar has been involved in the case registered in Crime No.423 of 2023 on the file of the third respondent Police by verifying the CCTV footage of the first respondent’s Office recorded from 03.09.2023 at 06.30 P.M. to 04.09.2023 at 06.00 A.M., similarly the CCTV footage of the third respondent’s Police Station recorded from 03.09.2023 at

10.00 P.M. to 04.09.2023 at 04.00 P.M.

For Petitioner : Mr.P.T.Ramesh Raja For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.side)

O RDER

This Writ Petition is filed under Article 226 of the Constitution of India seeking for a direction to the first respondent Police to consider the representation of the petitioner, dated 11.09.2023 and to find out whether the petitioner's son, by name, Sanjay Kumar, has been involved in a case registered in Crime No.423 of 2023 on the file of the third respondent Police by verifying the CCTV footage of the first respondent’s Office recorded from 03.09.2023 at 06.30 P.M., to 04.09.2023 at 06.00 A.M., similarly the CCTV footage of the third respondent’s Police Station recorded from 03.09.2023 at 10.00 P.M. to

04.09.2023 at 04.00 P.M.

2. When the matter was taken up for hearing, learned Government Advocate (Criminal Side) has submitted that the CCTV Cameras in the third respondent’s Police Station are not functioning and it was brought to the notice of the technical persons and it is still CCTV cameras are not repaired.

3. Learned counsel for the petitioner has submitted that the petitioner's son was taken initially to the unknown room in the Commissioner's office, thereby, CCTV footages will be available in the Commissioner's Office. When the matter is posted after lunch, learned Government Advocate (Criminal Side) has informed this Court in writing that the CCTV footages of the Commissioner of Police are not available from 03.09.2023 at 06.00 P.M., to. 04.09.2023 at 06.00 A.M., and there is no backup and the footages are available only from 04.09.2023 onwards.

4. Now, learned counsel for the petitioner submits that they have got CCTV footages and basing on that, a direction is sought for to proceed with the investigation.

5. In view of the submissions made by the learned counsel for the petitioner, the petitioner is at liberty to submit whatever materials he has including the CCTV footages to submit to the respondent Police, on which, respondent Police are directed to proceed with in Crime No.423 of 2023 to find out whether the petitioner's son is really involved in the offence or not.

6. With this observation, this Writ Petition is disposed of. No costs.

Consequently, the connected miscellaneous petition is closed.

Speaking : Yes / No 15.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No tsg To

1.The Commissioner of Police, Madurai City, Madurai.

2.The Deputy Commissioner of Police, Madurai City, Madurai.

3.The Inspector of Police, Theppakulam Police Station, Madurai City.

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

DR.D.NAGARJUN. J.

tsg

15.09.2023

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