THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.3141 of 2025

ORDER:

The present criminal petition is filed under Section 528 of BNSS, seeking to quash C.C.No.11600 of 2024 on the file of the learned XVI Additional Chief Judicial Magistrate, Nampally Court, registered for the offence punishable under Section 509 of the Indian Penal Code (for short, ‘I.P.C’) and quash the same.

2. The petitioner herein is the sole accused and the respondent No.2 herein is the complainant before the trial Court. For the sake of convenience hereinafter parties are referred to as the accused and the complainant.

3. The brief facts of the case are that the police Shahinayathgunj on 28.06.2024 at 19:00 hours received an English written complaint from the complainant stating that his brother Mr.Ravi Kumar Vora/accused has installed three cameras inside the house in which two cameras are directly facing to his door. He has two daughters and the cameras installed are capturing all the movements. The way from washroom to his room is covering in that camera. His wife and daughters are facing inconvenience and there is always a fear that they are being captured. He has a shop at ground floor and whenever his wife and daughter have to come down, they are forced to change clothes and there is fear that they are being captured in their nightwear or any other clothes causing great inconvenience and fear inside the house. Due to the CCTV cameras his wife and daughter are living in fear inside the house as their privacy is being affected.

4. As per the contents of the complaint, LW-8-Inspector of Police registered a case in Crime No.251/2024, dated 28.06.2024, under Section 509 IPC and took up investigation.

5. Heard learned counsel appearing for the petitioner/accused and Sri E.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.1-State and Ms.V.Shruti, learned counsel appearing for respondent No.2. Perused the record.

6. Learned counsel appearing for the petitioner would submit that respondent No.2 lodged the complaint to arm-twist the petitioner to settle the Civil dispute vide O.S.No.307of 2017 on the file of the learned II Additional Chief Judge, City Civil Court at Hyderabad. The said suit was settled and compromise decree was also passed on 20.01.2025. Respondent No.2 is a litigant and indulges in nuisance of calling names and fighting on petty matters and therefore to avoid serious false allegations, the CCTV cameras are installed which in any manner do not intrude alleged privacy of respondent No.2 or his family. The cognizance of the offence is arbitrary, illegal and without jurisdiction and hence the same deserves to be set-aside. If the prosecution is allowed to be continued on such frivolous complaint which does not make out any offence it would be nothing but abuse of process of the Court and would result serious loss and damage to the reputation of petitioner. The frivolous and vexatious complaint was filed with ill-motive as such it deserves to be quashed.

7. By filing counter, learned counsel appearing for respondent No.2 would submit that respondent No.2 is a simple businessman who has a shop at ground floor, and who is busy with his work and take care of his family being the only earning person. The petitioner, who, with all his illegal motive, habituated of harassing respondent No.2 and his family members by all means possible, has filed a complaint with false allegations. Learned counsel further submitted that if the complaint against the petitioner is quashed, then respondent No.2 and his family members would put to great hardship and great injustice. There are proper evidences against the petitioner and the charges are properly framed and the same shall be decided only after a full-fledged trail and not at this stage. Hence, seeks to dismiss the present criminal petition.

8. Learned Assistant Public Prosecutor appearing for the respondent-State would submit that unless and until full-fledged trial is conducted