LAWS(TLNG)-2023-2-130

MOHAMMAD MAHABOOB ALI Vs. STATE OF TELANGANA

Decided On February 06, 2023
Mohammad Mahaboob Ali Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) The petitioners are aggrieved by the order of the Junior Civil Judge-cum-Judicial Magistrate of First Class at Vemulawada in Crl.M.P.No.298 of 2022 in Cr.No.224 of 2019 directing the petitioners/A1 to A3 herein to appear before the concerned police for the purpose of capturing photographs and video-graph.

(2.) The case of the prosecution is that these petitioners along with others are liable for committing murder. During the course of investigation certain CCTV footage was collected by the investigating agency and deposited before the learned Magistrate. A request was made by the police by filing a petition, seeking orders of the Court to direct the accused to be present for the purpose of taking photographs and video of the petitioners/A1 to A3 for the purpose of comparison with the persons found in the CCTV footage that was collected during the course of investigation.

(3.) Learned counsel appearing for the petitioners would submit that a similar application was made by the police in Crl.M.P.No.880 of 2019 seeking direction by the Magistrate to allow taking of photographs and video of the accused. The said Crl.M.P.No.880 of 2019 was dismissed by order dtd. 23/3/2021 and the very same prayer cannot be permitted again. For the said reasons, directions in the said impugned order have to be quashed.