KALYAN PRAJAPATI Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following relief:- "...[VARNACULAR TEXT OMITTED]..."

(2.) It is submitted by the counsel for the petitioner that the offence has been registered against the petitioner and the petitioner was not on the place of incident and, accordingly, he had filed an application before the Magistrate for a direction to the police to preserve the CCTV footage of the petitioner as well as of the toll tax booth and in spite of the direction dated 05.08.2019, the same has not been done by the police. It is further submitted that the petitioner might have been arrayed as an accused, but he has fundamental right of free and fair investigation, which cannot be taken away by the respondent by investigating the matter in a mala fide and arbitrary manner.

(3.) In support of his contention, counsel for the petitioner has relied upon the judgment passed by the Supreme Court in the case of P. Chidambaram Vs. Directorate of Enforcement reported in 2019 CRI.L.J. 4754.