MANUEL AARON Vs. TAMIL NADU CHESS ASSOCIATION

JUDGEMENT

(1.) A private complaint has been filed by the Tamil Nadu Chess Association (hereinafter referred to as " Chess Association") with the Registration No. TN/PKM/S. No. 81/2002 represented by its Secretary against the petitioners/accused herein, who are the office bearers of the Tamil Nadu State Chess Association (in Short "State Chess Association") Chennai for offences punishable under Section 120-B406, 409, 417, 420 and 500 I.P.C.

(2.) THE petitioners have approached this Hon"ble Court for quashing the proceedings. THE learned counsel appearing for the petitioners submits that the State Chess Association of the petitioners are the real association and the complainant/respondent for the purpose of wreaking vengeance, has filed the present private complaint without any materials to substantiate the offence and suppressing certain facts.

(3.) IT is further submitted that the petitioners and the respondent filed writ petitions to declare, their Association as lawful, real and formed in accordance with law, vide W.P. Nos. 32077 of 2002 (by the petitioner) and W.P. No. 7238 of 2003 (by the respondent). A common order has been passed on 29.10.2003 by this Hon"ble High Court after hearing both the parties, which is as follows: "In view of my findings that said Act is not applicable to the Registration of an Association even in the name of "Tamil Nadu" Which Association deals with only in sports activities, the mere fact that order of Inspector General of Registration directing registration of the 4th respondent Society as an Association, the date of registration would relate back to the date of application cannot be accepted. In that view of the matter, the challenge to the registration of the petitioner society in the Tamil Nadu Chess Association is also not sustainable. For the reasons stated above, I find every force in the contentions of the writ petitioner. Accordingly, writ petition No. 32077 of 2002 is allowed and Writ petition No. 7235 of 2007 is dismissed.