Crl.O.P.(MD)No.1646 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.02.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD)No.1646 of 2026 Sivakumar ... Petitioner/Defacto Complainant Vs. 1.The State of Tamil Nadu Rep by, The Superintendent of Police, O/o of the Superintendent of Police, Pudukottai District. 2.The Deputy Superintendent of Police, Pudukottai Sub Division, Pudukottai District. 3.State of Tamil Nadu Rep by, The Inspector of Police, Gandarvakottai Police Station, Pudukottai District. (Crime No.307 of 2025) ... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023, to issue a direction, directing the 3rd respondent police to recover the video footage for the purpose of investigation pertaining to the occurrence that took place between at 10.30 a.m, and 12.30 p.m, on 18.12.2025 at the 3rd respondent police station and at Gandarvakottai Government Hospital within the time frame fixed by this Court. 1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.1646 of 2026 For Petitioner : Mr.T.Sekar For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) ORDER This criminal original petition has been filed to issue a direction, directing the 3rd respondent police to recover the video footage for the purpose of investigation pertaining to the occurrence that took place between at 10.30 a.m, and 12.30 p.m, on 18.12.2025 at the 3rd respondent police station and at Gandarvakottai Government Hospital. 2. The learned counsel for the petitioner submitted that recovering the video footage as recorded by the third respondent police would shed light on the modus operandi as to the crime in Crime No. 307 of 2025 on the file of the third respondent police. As such, the requisition has already been made by the petitioner to the third respondent police; it was not heeded to, and hence, this petition. 3.The learned Government Advocate (Crl.Side) submitted that as per the complaint of the petitioner/defacto complainant, occurrence happened in two places. One is the agricultural farm of the defacto complainant. There is no 2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.1646 of 2026 camera. Another place is concerned, he stated that he was attacked by the accused inside the premises of the Gandarvakottai Government Hospital. The respondent police went to the Gandarvakottai Government Hospital to recover the CCTV footage. But the hospital authorities stated that the camera is dysfunctional. Hence, the respondent police are not able to recover the CCTV footage to find out what happened on the date of occurrence. It is a case and case in counter. In the counter case, the petitioner is said to have attacked one Sundarapandian and caused simple injury. 4. I carefully considered the submission made on either side and perused the materials available on record. 5. From the submission made by the learned Government Advocate (Crl.Side), it is found that the CCTV footage at Gandarvakottai Government hospital could not be retrieved due to the dysfunctional of the camera. However, I don't think that there would be any difficulty for the third respondent police to retrieve the video footage from 10:30 AM to 12:30 PM on 18.12.2025 at the third respondent police station. 3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.1646 of 2026 6. Accordingly, the Criminal Original Petition is partly allowed with a direction to the third respondent police to preserve the video footage from 10:30 a.m and 12:30 p.m on 18.12.2025 at the third respondent police station. 02.02.2026 NCC : Yes / No Index : Yes / No dss 4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.1646 of 2026 TO:- 1. The Superintendent of Police, O/o of the Superintendent of Police, Pudukottai District. 2.The Deputy Superintendent of Police, Pudukottai Sub Division, Pudukottai District. 3.The Inspector of Police, Gandarvakottai Police Station, Pudukottai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.1646 of 2026 L.VICTORIA GOWRI, J. dss Order made in Crl.O.P.(MD)No.1646 of 2026 Dated 02.02.2026 6/6 https://www.mhc.tn.gov.in/judis