IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 13382/2026 Decided on: 13.08.2026 Sarita …Petitioner Versus State of H.P. & Ors. .…Respondents. ………………………………………………………………………………. Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioner: Ms. Neha Thakur, Advocate. For the respondents: Mr. Rajat Choudhary, Assistant Advocate General. Jyotsna Rewal Dua, J. The case set up by the petitioner is that: - She is the mother of the deceased victim, who was killed in an incident giving rise to FIR No. 321/2022, registered at Police Station Nalagarh, District Solan. The trial in the matter is stated to be currently underway as Sessions Trial No. 4/2024 (State vs. Hardeep & Others) before the Court of learned Additional Sessions Judge, Nalagarh, District Solan. 2. The petitioner seeks directions to the respondents/learned trial Court to provide her with a certified copy/electronic clone copy/access to the CCTV footage/DVR Box tagged in the aforesaid file. According to the petitioner, the 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 aforesaid CCTV footage has not been provided to her, which has impacted her constitutional right to participate meaningfully in the prosecution of her son's perpetrators. It is further averred that evidence in the trial is being recorded. In case the trial is allowed to conclude without opening the primary electronic evidence, it would result in a gross miscarriage of justice. Learned counsel for the petitioner submitted that the petitioner had orally requested the learned trial Court for a certified copy of the aforesaid CCTV footage to enable her to effectively prepare her case, but the copy has not been supplied to her even though the trial is going on. 3. Noticing the above concerns of the petitioner, learned Additional Advocate General was directed, vide order dated 05.08.2026 passed in this petition, to obtain instructions in the matter from the respondents regarding providing the electronic evidence prayed for by the petitioner. Pursuant thereto, instructions from the Superintendent of Police, District Baddi, H.P., were placed on record. According to these instructions, during spot inspection at New Serenity Home, the DVR Box (CP-PLUS make) connected to the CCTV cameras was taken into police possession vide memo to prevent tampering due to an unknown system password; It was securely sealed with 10 seal impressions of "K" and deposited in the Malkhana; The sealed DVR Box was sent to the State Forensic 3 Science Laboratory (SFSL), Junga, for analysis; It was analysed there using Magnet DVR Examiner; The relevant CCTV footage pertaining to the crime was successfully extracted and exported; SFSL, Junga, provided the exported soft copy in a sealed parcel along with a certificate under Section 65B of the Indian Evidence Act; The forensic report, along with the Section 65B certificate and the preserved DVR Box/electronic logs, was submitted along with the charge-sheet/supplementary charge-sheet before the Court of learned Additional Sessions Judge, Nalagarh, District Solan, and forms part of the judicial record. As per the instructions, the respondent-Police Department has expressed "no objection" in case directions are issued by this Court or by the learned trial Court to provide access/copy of the electronic evidence to the petitioner, in accordance with procedural law. 4. Keeping in view the concerns expressed by the petitioner in this writ petition, as also the instructions placed on record by the respondent-Police Department, and considering that the primary electronic evidence and the SFSL report form part of the record of the learned trial Court, this writ petition is disposed of with liberty reserved to the petitioner to move an appropriate application before the concerned learned Court for obtaining access/copy of the electronic evidence in question. In case such an application is moved, the same shall be considered and decided, 4 in accordance with law, keeping in view the above observations, expeditiously and preferably within a period of one week from the date of filing of the application. The instant petition to stand disposed of in above terms. Pending miscellaneous applications, if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 13th August, 2026(rohit)