RAHUL JANDIAL Vs. SUNIL GUPTA AND ANR.

JUDGEMENT

(1.) Through the instant petition filed under Section 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C.) petitioner seeks quashing of the complaint and order dated 07.01.2017 passed by the learned City Judge, (Judicial Magistrate 1st Class) Jammu.

(2.) The petitioner claims to be the General Manager of Hotel K. C. Residency, Jammu and the said hotel has earned a very good reputation not only in the country but outside the country as well.

(3.) The brief facts necessary for adjudication of the petition are that on 31st December, 2016 the aforesaid Hotel in its restaurant had made arrangements for the purpose of dinner, wherein one Sandeep had made booking of four people for dinner and the said Sandeep had spoken with the petitioner for the table as their booking was full because of 31st December and petitioner had booked one table for said Sandeep and his other accompanying guest. The said Sandeep alongwith respondents herein came in the restaurant and made order for the liquor as well as food. However, before coming in the K. C. Residency Hotel they were drunk and they again ordered for the liquor and the dinner which was properly served to them. It is stated that Hotel Management had mad it clear that after 12 PM in the night the liquor shall not be served. The respondents after 12'O clock insisted to serve liquor, upon this the concerned waiter and the restaurant Manager told that there are instructions not to serve the liquor after 12'O Clock in the night against which the respondents started abusing the hotel staff and started shouting in the restaurant. The Manager of the Restaurant also came to them and requested them that they should not shout like this as it becomes inconvenience to other people, who are in the restaurant along with their families. The respondents were requested to clear the bill and leave the restaurant, upon this they started abusing the staff of the restaurant and in fact man handled some waiters. It is stated that position became grim and taking into consideration that the respected families have been attending dinner and were even staying in the Hotel, the restaurant Manager Incharge Rachit Gandotra called the petitioner to intervene, but even the respondents did not listen to General Manager and started abusing and man handling petitioner also. The petitioner was forced to lodge a complaint to the nearby police post.