IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 21.04.2022

PRONOUNCED ON : 17.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

Criminal Original Petition No.11880 of 2019

and

Crl.M.P.No.6154 of 2019

1.K.Chandrasekar

2.B.Rajasekar

3.B.Lakshmi

:Petitioners/Accused Nos.1,4,5

Vs

T.Arulmony

:Respondent/De-facto Complainant

Criminal Original Petition filed under Section 482 of the

Code of Criminal Procedure, seeking to call for the records

culminating in C.C.No.3056 of 2018 pending on the file of the

learned V Metropolitan Magistrate, Egmore, Chennai and quash the

same.

For Petitioners

:

Mr.Arun Anbumani

for M/s.S.Lawrence

For Respondent

:

Mr.R.Subburaj

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

https://hcservices.ecourts.gov.in/hcservices/

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 4^th

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 1^st Accused

and 3^rd

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 l