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2008 DIGILAW 1353 (MAD)

S. Arumugam v. Inspector of Police, Civil Supply C. I. D.

2008-04-22

M.JEYAPAUL

body2008
Judgment :- The petition is filed seeking to quash the criminal proceedings in Crime No.34 of 2008 on the file of the respondent police. 2. Having found that six bags of boiled rice and three bags of dhal meant for noon meal supply were not found in the school premises and were found stored in a private godown, a case under Section 6(4) and (7) of TNSC (RSCS) Order 1982 read with 7(1) (a)(II) of E.C. Act 1955 was registered as against the petitioner who is a noon meal organizer attached to a Middle School at Vadapudupet village. 3. The petitioner would contend that he has been specifically authorized by the Commissioner, Panchayat Union, Madhanur to store the articles in a private godown. As there was no safety godown in the premises of the School, he used a private godown for the purpose of storing the materials. But, unfortunately having found that the materials were stored in the private godown, a case under the aforesaid provision of law was registered as against the petitioner by the respondent police, it is contended. 4. The Court heard the submissions made on either side. 5. On a careful perusal of the proceedings issued by the Commissioner, Panchayat Union, Madhanur in Mu. Mu.(A4)/4806/2003 dated 112. 2003, it is found that the petitioner has been specifically authorized to store the articles in a private godown, as there was no security for storing food articles within the premises of the Middle School. Nothing has been shown by the respondent that the aforesaid order was subsequently revoked by the Commissioner, Panchayat Union, Madhanur having provided godown facility in the Middle School at Vadapudupet village. 6. Having authorized the petitioner to store the food materials in a private godown, the present complaint has been filed misusing the provisions of law just to harass the petitioner. Therefore, the entire criminal proceedings as against the petitioner in Crime No.34 of 2008 on the file of the respondent police stands quashed. Accordingly, this petition is allowed.