S SELVAM Vs. STATE

JUDGEMENT

(1.) PETITION filed under Section 482 Cr.P.C to call for the records relating to the C.C.No.124 of 2007 on the file of the learned Judicial Magistrate No.III, Erode and to quash the same. The petitioner has filed the above Criminal Original PETITION to call for the records relating to the C.C.No.124 of 2007 on the file of the learned Judicial Magistrate No.III, Erode and quash the same.

(2.) THE prosecution case is as follows: A Matron, Mrs.Pushpa Rani, working in the Ambedkar Girls Hostel, Erode sold the rice and other provision items to third persons, and received illegal gratification. She is accused No.1 in the said prosecution case. She was also suspended from service due to irregularities on 18.07.2006. THE said Matron had accumulated the rice meant for hostel students, to the tune of 400kg and stored it secretely. THE second accused, co-operated with the first accused for the said offence. THE third accused had also supported the first and second accused and had hidden the rice. In this way, all the accused 1, 2 & 3, jointly, with common intention to steal the rice and other provisions in Hostel, committed an offence under Sections 380 and 414 of IPC. THE same was registered as Crime No,294 of 2006 on the file of the respondent police.

(3.) THE petitioner submits that the theft of rice took place on 31.07.2006, as per the First Information Report, at about 11.30 p.m. A2 was arrested on 01.08.2006 under section 380 of IPC and remanded to judicial custody on the same day A1 was enlarged on anticipatory bail on 07.08.2006. THE petitioner contends that the stolen rice which was TNCSC PDS Rice has, so far, not been sent either to get confirmation about the stolen rice being a PDS rice or not. THE petitioner was arrested on 30.03.2007, ie., after a lapse of 8 months from the date of the said occurrence, under Section 414 of IPC. THE petitioner further contends that the allegation of the prosecution that A2 had carried 8 bags of stolen rice on his shoulder, is highly incredulous and could not be believed. THE petitioner, therefore, prays for the quashing of complaint in C.C.No.124 of 2007, pending on the file of the learned Judicial Magistrate No.III, Erode.