2017 Supreme(Mad) 1434
IN THE HIGH COURT OF MADRAS AT MADURAI BENCH
R. Subbiah and J. Nisha Banu, JJ.
Dr. R. Muthukumaran – Appellant
Versus
Ramesh Babu – Respondent
W.A. (MD) Nos. 910 of 2012, 355 of 2013 and M.P. (MD) Nos. 1, 2 of 2011, 1, 2 of 2012, 1, 2 of 2013, 1 of 2015
Decided On : 03-03-2017
For the Appellant : Mr. Ajmal Khan for Mr. A. Haja Mohideen.
For the Respondents: Mr. M. Karunanidhi, Mr. C. Karthik and Mr. S. Chandrasekar.
Headnote:
IPC - Sections 465, 466 and 469 - Criminal Procedure Code, 1973 - Section 482 - Constitution of India,1950 - Article 226 - Seeking for a Writ of Mandamus directing the respondents to allow him to complete the Course of P.G. in D.A (Diploma in Anesthesia) within the Academic year - Said Writ Petition came to be allowed by a learned Single Judge - Since Writ Appeals arises out of the directions issued by the learned Judge, the penultimate operative portion of the said order is usefully - Aggrieved over the afore-said order, after obtaining leave from this Court, as a third partythe then Head of the (Anesthesia) Department filed W.A. (MD) and Chief Doctor Anesthesia Department, Medical College filed W.A. (MD) whereby and where under, they prayed to set aside the order made in – Held, criminal original petitions are partly allowed by quashing the charges framed under Sections against the petitioners/accused 465, 466 and 469 IPC - Court below shall dispose of the C.C. pending, in respect of charge under Section 167 read with 34 IPC alone, within a period of three months from the date of receipt of a copy of this order without being influenced by any of the observations made herein above. The Criminal Court is directed to dispense with the appearance of the petitioners/accused except for the hearings where their presence is necessary - Ordered accordingly.
R. Subbiah, J.
1. Since the issue involved in all these matters are inter-related to each other, all the matters, by consent, were taken up together and disposed of, by the following common judgment.
2. For the sake of disposal of all these matters, the parties are referred to as per the rank given to them in the respective matters. At the outset, the circumstances and events that led to filing of W.P. (MD). No. 8395 of 2013, W.A. (MD) Nos. 910 of 2012 and 355 of 2013, Crl. O.P. (MD). Nos. 16517 of 2011 and 4676 of 2012 are narrated below.
3. Originally, one Ramesh Babu, filed W.P .(MD) No. 1919 of 2009 seeking for a Writ of Mandamus directing the respondents to allow him to complete the Course of P.G. in D.A (Diploma in Anesthesia) within the Academic year (2007-2009). The said Writ Petition came to be allowed by a learned Single Judge on 30.08.2012. Since the Writ Appeals arises out of the directions issued by the learned Judge, the penultimate operative portion of the said order is usefully extracted below:-
"16. Considering the prima facie case and the records produced before this Court, it is manifestly clear that from the statements recorded by the Police, that, in order to prevent the petitioner from appearing in the final year Post graduate diploma (Anesthesia) examinations, the attendance registers have been tampered with. The attendance details given earlier, by the Dean, Thanjavur Medical College to the University did not reflect the correct particulars. The petitioner had written the examinations in the year 2009 and waiting for the results for three years and five months. Even assuming that the petitioner had failed in any one of the three subjects, by this time, he would have chances, to clear the same. Considering the prima facie materials produced before this Court, in the typed-set of papers and the hardship undergone by the petitioner, a direction is issued to the Controller of Examinations, Tamil Nadu Dr. MGR Medical University to publish the results of the examination, written by the petitioner from 16.03.2009 and on subsequent dates, within a period of ten days from the date of receipt of a copy of this order. Registry is directed to send a copy of this order to the Secretary, Health and Family Welfare Department, Chennai for taking appropriate action against Dr. Muthukumaran, the then Head of the Department (Anesthesia)Department, and Dr. R. Thenmozhi, Chief Doctor Anesthesia Department, Thanjavur Medical College, Thanjavur and also against those who are responsible for tampering with the petitioner's attendance particulars. Mrs. J. Padmavathi Devi, learned counsel for the University shall communicate the result of this case to the Controller of Examinations, Tamil Nadu Dr. MGR Medical University, Chennai, so as to facilitate publication of results within ten days from the date of receipt of a copy of this order."
4. Aggrieved over the afore-said order, after obtaining leave from this Court, as a third party, Dr. Muthukumaran, the then Head of the (Anesthesia) Department filed W.A. (MD) No. 910 of 2012 and Dr. R. Thenmozhi, Chief Doctor Anesthesia Department, Thanjavur Medical College, Thanjavur filed W.A. (MD) No. 355 of 2013 whereby and where under, they prayed to set aside the order made in W.P. (MD) No. 1919 of 2009, in sofar as the order of the learned Single Judge goes against them.
5. When the matter stood thus, at the instance of the said Ramesh Babu, who filed W.P. (MD) No. 1919 of 2009, a criminal complaint came to be lodged against Dr. Muthukumaran, the then Head of (Anesthesia) Department and Dr. R. Thenmozhi, Chief Doctor, Anesthesia Department, Thanjavur Medical College, Thanjavur and after investigation, a charge sheet came to be filed in C.C. No. 583 of 2011 on the file of the learned Judicial Magistrate No. II, Thanjavur.
6. Aggrieved over the filing of the charge sheet Mr. Muthukumaran, the then Head of (Anesthesia) Department, filed Crl. O.P. (MD) No. 16517 of 2011 and Dr. R. Thenmoz