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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Vijayakumar, J
Thirukumaran – Appellant
Versus
State of Tamil Nadu – Respondent
| Table of Content |
|---|
| 1. background of trial and recall for s.65-b certificate (Para 3 , 4) |
| 2. parties' contentions on marking competency (Para 5 , 6) |
| 3. court's ruling on videograph vs cctv distinction (Para 7 , 8 , 9) |
O R D E R
The present petition has been filed by the accused in Spl.S.C.No.115 of 2020 on the file of the learned Special Court for Trial of Cases under SC/ST Act, Theni challenging the order passed underSection 348of theBharatiya Nagarik Suraksha Sanhita, 2023in Cr.M.P.No.55 of 2026 dated 08.04.2026.
2. The petitioner is an accused charged with the offence under Section
302 of and is facing trial in Spl.S.C.No.115 of 2020.
3. P.W.14, who is a police official, had videographed the lodge room. He was chief-examined and cross-examined on 26.12.2024. Through him, the videographs taken were marked as M.O.21 and the CCTV footages downloaded from the lodge were marked as M.O.22. However, at the time of marking those materials, the certificate under Section 65-B was not produced through P.W.14.
4. In order to rectify the said defect, the investigating agency has filed Cr.M.P.No.55 of 2026 seeking to recall P.W.14 for the purpose of marking the Section 65-B certificate. The said ap
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