IN THE COURT OF MS.
POORVA MEHRA METROPOLITAN MAGISTRATE
SOUTH-EAST, SAKET, NEW DELHI
CASE No 581 OF 2022
IN
THE STATE OF DELHI--------------------------------------COMPLAINANT
V/s
ASHOK KUMAR TIWARI ----------------------------------------ACCUSED
APPLICATION ON BEHALF OF THE ACCUSED FOR FILING CCTV FOOTAGE
AND PHOTOGRAPHS RELIED IN THE CHARGE SHEET BY THE
PROSECUTION
MAY IT PLEASE YOUR HONOUR:
That, the accused above named most respectfully submits as under: -
1. That, the accused in FIR NO. 114/2021 crime registered with C.R. Park
Police Station for the offences punishable U/S. 279/338 of IPC, for which
charge sheet came to be filed before this Hon’ble court.
2. That the Hon’ble Court [by predecessor] vide its order dated 05-02-2022
directed to “issue summons to the accused and notice to the surety for 06-
06—2022”
3. That in the same motor accident case, a claim is filed before MACT court
bearing no 220-2024 of 2022, in which the present accused is Respondent
no1, being the driver of car, which is alleged to be involved in the accident.
The present accused /respondent no.1 was issued Detailed Accident Report
(DAR) consists of Charge Sheet.
4. That in the chargesheet, the prosecution has relied on the CCTV Footage of
the incident and also site photographs which the IO claimed to have taken
from his mobile phone. The CCTV Footage claimed to have been filed with
the charge sheet, but it was not filed. The IO did not file the CCTV Footage
when he was directed by the Hon’ble MACT Court vide order dated 05-04-
2022. On the last date hearing on 06-05-2022 the Hon’ble MACT Court
issued show cause notice to the SHO “At this stage, it is stated that IO has
not yet given CD of the CCTV Footage as otherwise directed on the last
date. Issue Show Cause Notice to IO through SHO
concerned.”
5. That the accused just to find out whether the documents U/S 170(5) are
filed along with the chargesheet in the present case, inspected the court file
on 04-06-2022 around 3 PM but to utter surprise to the accused, the most
reliable evidence the CCTV footage, which is claimed to have been filed
with the charge sheet, is not filed.
6. That in view of the aforesaid facts that the documents under Sub Section
(5) of Section 173 of the Code i.e. CCTV Footage did not accompany the
Chargesheet submitted before this Hon’ble Court, and that this Hon’ble
Court did not have look to the said document[ CCTV Footage] therefore,
the relevant Order dated 5.2.2022 passed by the Hon’ble Court taking
cognizance of the alleged offence is clearly not according to law, and is
accordingly liable to be quashed.
7. That the CCTV Footage, which is relied by the prosecution and according to
the accused the CCTV Footage is necessary to substantiate his non-
involvement and false implication in the present case
8. That no summon has been issued to the accused till date and is appearing
on his own before this Hon’ble Court, after inspection of the Court Record.
9. The applicant/accused most respectfully pray to the Hon’ble Court to:
(a) To direct the prosecution to file all the documents referred in the
chargesheet such as CCTV Footage and other photographs in the
court,
(b) And request the Hon’ble Court to view the CCTV footage which will
clearly show that all the allegations levelled against the accused are
groundless and accordingly discharge the accused.
(c) The IO may be punished for misleading the Hon’ble Court for not filing
the CCTV footage with the chargesheet, although claiming to have
been filed along with chargesheet.
(d) Any other order which the Hon’ble Court deem fit, in the circumstances
of the case.
Date:06-06-2022 Applicant/Accused
New Delhi
