M.S. Byre Reddy vs Registrar General, High Court of Karnataka and Another

A.S. Bopanna, J.—Learned Government Advocate to accept notice for respondent Nos. 1 and 2 and file memo of appearance in four weeks. The petitioner is before this Court seeking for issue of mandamus to direct the respondents to consider the representation dated 18.07.2013 at Annexure-C to the petition and direct the respondents to issue a copy of the CCTV recording done by the respondent No. 2 on 16.07.2013.

The case of the petitioner is that he is a practicing advocate in Bangalore. On 16.07.2013, he was present in the High Court between 1.00 p.m. and 4.30 p.m. The petitioner contends that his presence in the High Court would have been recorded in the CCTV which has been installed in the High Court premises. Despite the said position, false case has been foisted on the petitioner at Chintamani police station alleging that on 16.07.2013 he had indulged in a criminal act in the afternoon. The petitioner therefore finds it necessary to indicate that he could not have committed the crime when he was present in the High Court. It is in that circumstance, the petitioner has made representation to the respondent No. 2 herein seeking to preserve the CCTV recording recorded on 16.07.2013 between the periods 1.00 p.m. to 4.30 p.m. and issue the copy of the same to produce before the Court of law so as to prove that he is innocent. Since, there was not response to the said representation, the petitioner is before this Court.

At the outset, it is to be noticed that the representation is made very recently on 18.07.2013. The learned Government advocate on instructions would submit that the CCTV footages have already been furnished to the Investigating Officer in Crime No. 228/2013 on 24.07.2013 itself. In that regard, the copy of the letter dated 21.08.2013 addressed to the petitioner is also made available to this Court. In that view, the prayer made in the instant petition stands substantially complied inasmuch as the required CCTV footages have been already handed over to the custody of the Investigating Officer. In any event, the request of the petitioner to hand over the same to the petitioner cannot be accepted. Hence, taking note of the said developments, the petition stands disposed of.