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2025 DAILYLAW 89945 (ALL)

ANIL KUMAR DUBEY v. STATE OF U.P. AND 4 OTHERS

WRIC/29946/2025 · 2025-08-31

Manoj Kumar Gupta, Ram Manohar Narayan Mishra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 29946 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. The following prayer have been made in the writ petition: - "(i) Issue a writ order or direction in the nature of mandamus commanding/directing the concern both police station to provide CCTV Phootage in related to the date from 27.08.2024 to 30.08.2024. (ii) Issue a writ order or direction in the nature of mandamus commanding/directing to not delete or destroy the CCTV phootage till the disposal of criminal case lodged against the brother of the petitioner." 2. It appears that first information report bearing number 0171 of 2024 dated 29.8.2024 was lodged by one Soni Kumari Patel against Dilip Dubey, brother of the petitioner, under Sections 65(2), 352, 351(3) of Bharatiya Nyaya Sanhita, 2023 and Section 5m and 6 of Protection of Children from Sexual Offences Act 2012. In connection with the said crime, the accused, i.e. brother of the petitioner, is stated to be in jail. The petitioner made an application on 5.9.2024 before Commissioner of Police, Varanasi, requesting him to provide CCTV footage. It has not been provided to the petitioner so far and a wrong stand is being taken that it has got deleted automatically. 3. In the aforesaid backdrop, the present petition has been filed. 4. Counsel for the petitioner places reliance on the judgment of Supreme Court in the case of Paramvir Singh Saini vs. Baljit Singh, AIR 2021 SC 64, in submitting that the CCTV footage has to be preserved. 5. Having regard to the nature of issue raised, we leave it open to the petitioner to approach the Commissioner of Police, Varanasi by means of fresh application so that he may examine the request of the petitioner and Versus Counsel for Petitioner(s) : Binod Kumar Rai, Sunil Sharma Counsel for Respondent(s) : C.S.C. Anil Kumar Dubey .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) take appropriate action as warranted. 6. The petition stands disposed of accordingly. September 1, 2025 Jaideep/- WRIC No. 29946 of 2025 2 (Ram Manohar Narayan Mishra,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad