A. Srinivasan vs The State

K.M. Natarajan, J.—This petition has been filed under S. 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.

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.

As 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., A. 1430, Kodaikanal, represented by the Special Officer, A. Srinivasan

Besides that, there are five more accused.

The grievance of the petitioner is that his name ought not to have been included even, though the Society is arrayed as an accused. Further, he is no longer in service in the first accused Society. Under the By-laws of the Society and the Co-operative Societies Act, the society has to sue or is to be sued by the Secretary and on that ground also the impleading of the name of the petitioner is not proper. In view of the fact that the petitioner is not the present Special Officer of the first accused Society, I am of the view that it is sufficient if the first accused is described as follows:

Kodaikanal Co-operative Milk Supply Union Ltd., A. 1430, Kodaikanal, represented by the Special Officer.

It need not contain the name of the petitioner A. Srinivasan. Accordingly the Magistrate is directed to delete the name of the petitioner herein in the cause-title in so far as the first accused is concerned and instead, he can amend the name of the first accused as "the Kodaikanal Co-operative Milk Supply Union Ltd., A. 1430, Kodaikanal represented by the present Special Officer". The petition is ordered accordingly.