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The Madras High Court has quashed criminal proceedings against three employees of the Hindu Religious and Charitable Endowments (HR&CE) Department, holding that the prosecution had failed to place any oral or documentary evidence linking them to the alleged misappropriation of temple funds. The Court, however, clarified that the trial would continue against the remaining accused.
Background of the Case
The petitions were filed by S. Rameshkumar, Tr. N. Kuttalam and Tr. A. Mohana Kumar, who were arrayed as Accused Nos. 8, 5 and 12 respectively in Special C.C. No. 2 of 2024 before the Chief Judicial Magistrate, Nagercoil.
According to the prosecution, a former Deputy Commissioner and Executive Officer of the HR&CE Department, along with other accused, allegedly misappropriated ₹2,96,017 from temple funds between 2004 and 2006 by using fabricated bills relating to temple festivals. Following a vigilance investigation, charges were framed under the Prevention of Corruption Act and several provisions of the Indian Penal Code.
The petitioners approached the High Court seeking quashing of the criminal proceedings, arguing that they had been implicated without any material establishing their involvement.
Court's Observations
Justice G.K. Ilanthiraiyan examined the witness statements and the material collected during the investigation.
The Court noted that the prosecution's own evidence suggested the alleged forged bills and records had been prepared by the first accused. The statements further indicated that other staff members were allegedly called to the office and compelled to sign the documents, while the cashier merely encashed the cheques before handing over the money to the first accused.
The bench observed,
"There is absolutely no oral and documentary evidence as against the petitioners."
The Court also found that although shop owners stated the disputed bills had not been issued by their establishments, none of their statements specifically attributed any role to the three petitioners in preparing the forged documents or participating in the alleged conspiracy.
Observing that the available material did not disclose sufficient grounds to proceed against the petitioners, the Court held that compelling them to face trial would amount to an abuse of the legal process.
Decision
Allowing all three criminal original petitions, the Madras High Court quashed the proceedings against S. Rameshkumar, Tr. N. Kuttalam and Tr. A. Mohana Kumar in Special C.C. No. 2 of 2024.
The bench observed,
"The continuation of trial would not serve any purpose, since there is no basis to proceed with the charges as against the petitioners."
The Court directed the trial court to continue the proceedings against the remaining accused in accordance with law while closing the connected miscellaneous petitions.
Case Details
Case Title: S. Rameshkumar v. State Rep. by Special Investigation Cell, Vigilance and Anti Corruption & Connected Matters
Case Number: CRL OP Nos. 15692, 17442 & 17436 of 2024
Judge: Justice G.K. Ilanthiraiyan
Decision Date: 16 June 2026
