A.P. VELAYUDHAN Vs. MARATTUKULAM M.K

JUDGEMENT

(1.) This petition is filed under Sec. 482 of Cr.P.C. praying this Court to quash the entire proceedings in C.C.No.50533/2017 on the file of XXIX Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru for the offence punishable under Sec. 500 of IPC.

(2.) The factual matrix of the case is that the suit in O.S.No.29541/2012 is filed against the respondent herein. In para No.10 of the plaint, an allegation is made against this petitioner that he being the President, has misused his office and authority in the Bangalore Club to settle personal scores and has shown scant respect for the Rules and Bye-Laws of the Bangalore Club and above all else, the Laws of the Land. He has restored to suspension of Members, victimization of applicants for membership and guests in the Club and indulged in frivolous litigation causing huge financial losses to the Club. He has neglected and rendered non-est resolutions and decisions made by the General Body and former General Committees to subserve his devious ends causing embarrassment to the Club and its members and heavy financial losses thereby. He has willfully failed to take preventive action against delinquents in the Club leading to feelings and sentiments of discontent amongst its members. He has also been unable to maintain law and order in the Club and to protect its membership from trespassers and rapists on the prowl. He has indulged in sexual harassment and can truly be characterized a male chauvinist leading to a complaint being lodged before the Karnataka State Women's Commission against him. He has also abused the process of law and has left the membership of the Club in disarray, discontent and desperate. Hence, taking note of the averment made in para No.10 of the plaint, the respondent herein had filed the complaint in PCR No.51234/2014 reiterating the averments made in para No.10 of the plaint contending that the said statement made in the plaint disreputes him. He also referred to the resolution passed on 1/7/2012.

(3.) In support of the complaint, the respondent has been examined before the Trial Court and his sworn statement was recorded on 3/10/2016. The Trial Court, after considering the complaint averments and also sworn statement, issued the process against this petitioner and also the other petitioners by passing the reasoned order. Hence, the present petition is filed by the petitioner, who has been arraigned as accused No.1 challenging the said order.