DEVIDSON Vs. STATE

JUDGEMENT

(1.) THE revision is directed against the order passed by the learned Judicial Magistrate III, Nagercoil in CMP. No 425/2004 in C.C. NO 255/2002 dated 17.11.2004,

(2.) ON the basis of the complaint given by the Sub Registrar, Public Distribution System, Moonchirai the respondent/complainant had filed the first information report against the Management, Fair Price Shop, James town, Chettikulam and one C. Vasanthem for the offence punichable under Sections 14(1) TNSC (RDCS) Order 1992, 6(2), 6(3) TNSC (RDCS) Order 1982, Clause 4(1) TNSC (RDCS) order (1982), 7(i)(A)(ii) of Act 1955.

(3.) THE learned counsel for the petitioner submitted that originally the petitioner was shown as a witness and he was added as an accused on the basis of the memo filed by the Additional Public Prosecutor and no evidence has been adduced against the petitioner herein. He further submits that the mandatory provision of Section 319 Cr.P.C., was violated. He relied upon a judgment reported in K. Srinivasan Iyengar & Sons and three Others v. State by Inspector, Civil Supplies (1996) 1 CTC 433 which reads as follows: