The Madras High Court has quashed criminal proceedings against three officials of the Hindu Religious and Charitable Endowments (HR&CE) Department who were accused in a corruption case involving the alleged misappropriation of temple funds through forged bills, as reported in Bar and Bench.
Justice G.K. Ilanthiraiyan allowed separate petitions filed by S. Rameshkumar, N. Kuttalam and A. Mohana Kumar, seeking to quash the criminal proceedings pending against them before the Chief Judicial Magistrate Court in Nagercoil.
The case stemmed from allegations that a Deputy Commissioner-cum-Executive Officer of the HR&CE Department at the Suchindram temple, along with several others, had fraudulently siphoned off temple funds by creating forged bills for Paditharam and Thiruvizha (temple festival) expenses incurred between 2004 and 2006.
The three petitioners had been arrayed as accused numbers 5, 8 and 12 in the case. They were charged under the Prevention of Corruption Act as well as various provisions of the Indian Penal Code, including Sections 409 (criminal breach of trust), 465 (forgery), 468 (forgery for the purpose of cheating), 471 (using forged documents as genuine), 477A (falsification of accounts), and 120B (criminal conspiracy).
According to the prosecution, fake bills were allegedly prepared to claim reimbursement for temple festival-related expenses. Based on these fabricated bills, cheques were issued, countersigned and encashed. The prosecution further alleged that the cashier withdrew the money and that the misappropriated funds were subsequently distributed among the accused.
However, the petitioners denied any involvement in the alleged conspiracy.
They argued before the High Court that the entire case revolved around the first accused, who had allegedly prepared the forged bills and related records. The petitioners contended that there was no evidence to establish that they had either fabricated the bills or participated in the alleged misappropriation of temple funds.
It was also submitted that some of the accused had been compelled and threatened into signing the bills as though they had incurred expenses for temple festivals.
One of the petitioners, who served as a cashier, argued that his role was limited to encashing the cheques and handing over the money strictly in accordance with the directions given to him, without any involvement in the preparation of the alleged forged documents.
After examining the case records, the High Court observed that witness statements indicated that the bills and supporting records had been prepared by the first accused. The Court also noted that several shop owners, whose names had allegedly been used in the fabricated bills, had informed investigators that the disputed bills had not been issued by their establishments.
Despite these findings, the Court held that there was no material connecting the three petitioners to the alleged offences.
“Therefore, in order to substantiate the charges, there is absolutely no oral and documentary evidence as against the petitioners,” the Court said.
The Court further observed that compelling the petitioners to undergo a full criminal trial despite the absence of evidence would amount to an abuse of the judicial process.
“The continuance of proceedings as against the petitioners would tantamount to malafide and abuse of process of law forcing the petitioners to undergo the rigorous of the trial,” the Court held.
Accordingly, Justice G.K. Ilanthiraiyan quashed the criminal proceedings against S. Rameshkumar, N. Kuttalam and A. Mohana Kumar.
At the same time, the Court directed the Chief Judicial Magistrate Court in Nagercoil to continue the trial against the remaining accused in accordance with law.
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