COMMON ORDER

These Criminal Original Petitions have been filed to quash the proceedings in crime No.7 of 2021 on the file of the 1st respondent and to quash the same.

2. The case of the prosecution is that from the period 01.04.2011 to

31.03.2013, the first accused/Devakumar worked as Chief Medical Officer in the Government Head Quarters Hospital, Karikudi, who is also an in- charge for the other two accused persons namely S.Sankar Visuvasam and R.Govidasami as the office Superintendents in the said hospital. The allegation against the petitioners is that the during the above said period, the second and third petitioners failed to remit money which they collected from the patients for the blood and X-ray films to the tune of Rs.5,76,111/- within the stipulated prescribed time in the account maintained by the hospital.

Rather, they had remitted the cash to the tune of Rs.4,78,111/- in the hospital account on 31.07.2013 and relieved from the duty on 05.08.2013 and further handed over the expenditure chits for a sum of Rs.35,996/- to his successor and remitted to the tune of Rs.64,004/- to the hospital account. Again on 12.11.2013 remitted to the tune of Rs.4,987/- to the hospital account. The remaining amount for a sum of Rs.31,009/- was not remitted to the hospital account. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the allegation against the petitioners would not constitute any criminal offence. Further, they stated that one Dr.Mythily had given sexual harassment complaint against Tr. Vijayan Madhamadakki, Joint Director of Health Services, Sivagangai. Due to which, the said Joint Director had harassed the A2 under the impression that A2 had been supporting Dr. Mythily. Then, A2 gave a complaint against him and it caused the authorities concerned to issue a charge memo under 17 (B) of TN Civil Services (D&A) Rules against the said Joint Director. Under the said circumstances the Joint Director Tr.Vijayan Madhamadakki has vindictively issued the charge memo, on 02.02.2018, against the petitioners on the basis of the 2013 Audit Report. Further, they stated that a sum of Rs.2,000/- could be kept in the office as contingent fund and it has to be recouped whenever needed. Since, both the posts of Assistants were vacant the contingent fund could not be recouped frequently and the fuel advance bill for the ambulance could not be claimed within a reasonable period. During the period of frequent power cuts, it is inevitable to purchase diesel and run the generators to provide uninterrupted medical services to save the life of the patients. In the above compelling circumstances, A2 and A3 utilized the sale proceeds of the X-ray film, blood etc for the above said purpose with oral consent of the Joint Director. Further, they stated that the authorities are well aware of the above facts due to vengeance then Joint Director Vijayan Mathamadaki initiated the proceedings against the petitioners in the year 2018 for the offence of the year 2013. Since the FIR does not disclose the commission of any offence which attract criminal proceedings as it would cause incalculable harm and it would also amount to infringement of the fundamental right guaranteed in constitution of India. Hence, he prays for quash the FIR.

4. The learned Additional Public Prosecutor submitted that based on the audit report of the year 2013 it was found that the petitioners not remitted the amount to the hospital account which they collected from the patients for blood and X-ray film in time. Later, they deposited in the said account. Based upon the complaint given by the Joint Director the FIR has been filed and he prayed to dismiss the petition. Further, he relied upon th Judgment of the Supreme Court in Gian Singh Vs State of Punjab and another in 2012 10 SCC 303.

Thus, held, heinous and serious offenes of mental depravity, murder, rape, decoity, etc., or under special statutes like Prevention of Corruption Act or Offences committed by P