V. KUMAR SUBRAMANIAM Vs. S. SUCHINDRANATH AIYER

JUDGEMENT

(1.) The accused No.1 to 10 in CC.No.69/2010 pending on the file of VIII ACMM, Bangalore, registered for an offence punishable under Section 500 of IPC, have come up in this proceeding seeking quashing of the aforesaid criminal proceeding.

(2.) Admittedly, the sole respondent, who is complainant filed a private complaint against, petitioners 1 to 10, who are accused 1 to 10 in PCR.No.10868/2009 seeking referring the matter ie., the publication of show cause notice dated 18.10.2008 and also the order of suspension passed against him on 24.10.2008 by accused 1 to 10 for investigation, and also for filing of FIR and charge sheet by jurisdictional police for the offence punishable under Section 500 of IPC. The fact that petitioners and respondent are the members of Bangalore Club is not in dispute. It is also not in dispute that petitioners 1 to 10 are the members of general committee, constituted by the said club to go in to the conduct of respondent in causing certain acts on 2nd and 7th of October 2008 within the precincts of the club. It is further not in dispute that in the enquiry that was conducted by the committee, consisting of petitioners 1 to 10 as members, the respondent appeared and tried to substantiate his conduct in the precincts of the club on the aforesaid days i.e., smoking in the Men's Bar.

(3.) The brief facts leading to this litigation are that on 2nd and 7th of October, 2008 the respondent is said to have smoked in the Men's Bar when there was a specific notice displayed in preventing any of the members from smoking in Men's Bar or in any other restricted place, within the precincts of the club. When a notice was issued calling upon him to appear before the committee constituted with accused Nos.1 to 10 as members by the managing committee of the club, the respondent is said to have appeared before said committee in an enquiry which is conducted on 23.10.2008. It is stated that, in said meeting, he did accept smoking in the Men's Bar on both the dates and tried to substantiate the same on the ground that he was not informed regarding the Men's Bar being notified as non smoking area. The committee, after conducting the enquiry, by its order of even date imposed a punishment of suspension from the club, wherein respondent was restrained from using the facilities of club for a period of six months i.e., the period during which his membership was kept under suspension. It is seen that, the outcome of enquiry which had taken place on 23.10.2008 was published in the notice board of the club on 24.10.2008, wherein in the second paragraph of the notice it is mentioned as under: