Madras High Court quashes temple fund misappropriation case against three HR&CE staff

The Madras High Court recently quashed corruption proceedings against three Hindu Religious and Charitable Endowments (HR&CE) Department staff in a case involving allegations of a misappropriation of temple funds through forged bills [Ramesh Kumar Vs State]..Justice GK Ilanthiraiyan allowed the petitions filed by S Rameshkumar, N Kuttalam and A Mohana Kumar, who had sought quashing of proceedings pending before the Chief Judicial Magistrate Court in Nagercoil..The case arose from allegations that a Deputy Commissioner/Executive Officer of the HR&CE Department at Suchindram, along with others, had misappropriated temple funds by producing forged bills for Paditharam and Thiruvizha expenses between 2004 and 2006.The petitioners were arrayed as accused numbers 5, 8 and 12 in the case. They were charged under the Prevention of Corruption Act and provisions of the Indian Penal Code, including Sections 409, 465, 468, 471, 477A and 120B.The prosecution alleged that fabricated bills were prepared to claim expenses for temple festivals and that cheques were issued, countersigned and encashed. It was further alleged that the cashier encashed the cheques and that the amount was later shared among the accused.The petitioners, however, argued that the case was centred around the first accused, who had allegedly prepared the bills and other records. They contended that there was no material to show that they had fabricated bills or misappropriated funds.It was also submitted that some of the accused were compelled and threatened to sign the bills as if they had incurred expenses for temple festivals. On of the petitioners, a cashier, added that he had merely encashed the cheques and handed over the money as directed.The Court noted that the witness statements indicated that the bills and records had been prepared by the first accused. It also recorded that shop owners, whose names were allegedly used in the bills, had stated that the bills were not issued by their shops.However, the Court found that there was no material showing any specific role played by the three petitioners.“Therefore, in order to substantiate the charges, there is absolutely no oral and documentary evidence as against the petitioners,” the Court said..The Court added that continuation of the trial against them would serve no purpose.“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, the Court quashed the proceedings against the three petitioners while directing the trial court to proceed with the case against the remaining accused in accordance with law..The petitioners were represented by Senior Advocate Hasan Mohamed Jinnah, assisted by Advocates J R Archana, A Damodaran, A S Neela Narayani, G Nareshkumar, M Karthikeyan and T Vanitha..Advocate R Ganesh Kumar appeared for the State. .[Read Judgment]