A SRINIVASAN Vs. STATE

JUDGEMENT

(1.) THIS petition bas been filed under Section 482 of the Code of Criminal Procedure by the then Special Officer of the first accused, to delete his name, to call for records and to quash the proceeding as far as it is against him.

(2.) THE main contention of the learned counsel for the petitioner is that the Society has nominated a manager, that he is responsible for the business and that the Special Officer ought not to have been impleaded as a party. Further, when the Society was impleaded, the officers should only be shown in their official designations as representing the Society. He also submitted that the petitioner herein, who was the Special Officer at that time was transferred from the Society.

(3.) S regards the first contention, simply because a manager was nominated, it cannot be said that the Society cannot be prosecuted. In this case the Society is also liable along with the persons, who were nominated, for the alleged offence. As such, I do not find any merit. Further, the petitioner was not impleaded in his individual capacity as an accused. It is seen from the cause- title, the first accused is described as follows: Kodaikanal Co-operative Milk Supply Union Ltd. , A1430, Kodaikanal, represented by the Special Officer, A. Srinivasan. Besides that, there are five more accused.