ORDER

This Criminal Original Petition had been filed to quash the Proceedings in C.C.No.3056 of 2018 pending on the file of the learned Metropolitan Magistrate No.V, Egmore, Chennai.

2.The learned Counsel for the Petitioner Mr.Arun Anbumani on behalf of Mr.Lawrence submitted his oral arguments. As per the submissions of the learned Counsel for the Petitioner, this Petition had been filed to quash the criminal complaint in C.C.No.3056 of 2017 filed by the Respondent herein as a private complaint on the file of the learned V Metropolitan Magistrate, Egmore. The Petitioners herein are arrayed as A-1, A-4 and A-5. A-4 is the son of the A-5, A-4 and A-5 are the Petitioners 2 and 3 herein. In the private complaint totally there are five accused. The learned Counsel for the Petitioners Mr.Arun Anbumani invited the attention of this Court to the private complaint in paragraphs 5 to 15 which reads as under:

“5. It is humbly submitted that the complainant having no other option and in order to prevent leakage into his house and find out the persons who are causing constant damage and trouble, the Complainant installed CCTV Camera in the open terrace in such a manner that the camera is facing only to the portion of the open terrace of the complainant house and the parking area of the ground floor. Immediately on 19.05.2017 the first accused herein Chandrasekaran along with 2nd accused and 4th accused namely Srinivasan and L.Rajasekar had lodged a false complaint before K7, I.C.F, Police Station, Law & Order, Chennai alleging that the Complainant is constructing Church in the open terrace for preaching and obstructing them by creating nuisance to them. Thus it became clear that it was the Accused persons who were doing all the nuisances as alleged and that being scared of being caught on the CCTV Camera, they gave false complaint.

6. It is humbly submitted that on 24.05.2017 the complainant had given police complaint against the accused herein alleging that the accused persons herein are threatening unnecessarily to uninstall the CCTV cameras. The Complainant also gave representation to National Minority Commission on the same day.

7. It is humbly submitted that on 30.05.2017 one Dhanalakshmi who is the deceased wife of 1st Accused and 3rd and 5th accused namely B.Lakshmi and R.Hemamalini had lodged a complaint alleging that the Complainant was creating nuisance and misbehaving with them. Based on all the complaints the complainant and accused were called for enquiry. Both the parties appeared for enquiry. During the enquiry it was revealed that there is no prima facie case made out in the complaint given by the accused persons herein and it was a false complaint given to harass the complainant and it was stated that the installation of camera is only for the purpose to stop the Criminal activities and could no way affect the privacy of the Accused. The complaint given by the accused persons was closed as mistake of fact.

8. It is humbly submitted that in order to wreck vengeance one Srinivasan who is the 2nd accused herein along with one unknown lady during night time wantonly in the open terrace facing the CCTV camera were dancing in the indecent manner just to irritate the complainant and his wife. The 2nd accused Srinivasan along with his wife Hemamalini facing the CCTV Camera had indulged in uncompromising and embarrassing activities.

9. It is humbly submitted that on 17.08.2017, K.Chandrasekar the 1st accused herein with the mala fide intention to create mental agony and denigrate the character of the complainant wantonly had given false complaint to the Assistant Executive Engineer, Tamilnadu Electricity Board, Konnur, Chennai-600038 alleging that the complainant had indulged in electricity theft in his house and also given false complaint against the Electricity Board Staff that he demanded bribe from the complainant. Based on the complaint an enquiry was conducted and even the complainant's Electricity meter was verified. It was found