S. Arumugham v. State, represented by Inspector of Police Kalapet P. S. , Pondicherry
2006-02-15
M.JEYAPAUL
body2006
DigiLaw.ai
ORDER: Heard both sides. 2. The petitioner who is the accused in C.C.No.355 of 2005 facing the charge of theft of medical records from a private medical institute moves this petition seeking quashing of the above criminal proceedings pending on the file of the learned Judicial Magistrate No.11, Pondicherry. 3. The petitioner is running a welfare organization in the territory of Pondicherry in the name and style of Anbu Sagotharargal Narpani Mandram. The petitioner having come into possession or an outpatient card of a dead person raised hue and cry to initiate action against the Pondicherry Institute of Medical Sciences a private institution for the irregularities and fabrication of records committed by them. 4. The petitioner, had come out with a case that the said institution has fabricated the records to show that they have given treatment even to a dead person. As no action was initiated on the basis of the complaint given by him to various authorities, the petitioner had to approach this Court to direct the authorities concerned to take action for the aforesaid irregularity and fabrication of the records. W.P.No.13375 of 2004 filed by the petitioner for the aforesaid relief is still pending disposal. 5. The said institution has now come out with the present complaint alleging that the outpatient record of one Mr.Marimuthu was taken away by the petitioner on the pretext that the said outpatient card belonged to his relative and got the xerox copy of the said outpatient card attested by a notary public. Virtually, there is an allegation of theft alleged against the petitioner who has chosen to initiate some proceedings as against the said private medical institution with regard to the irregularity and fabrication committed by it. 6. It may be a case where the petitioner had clandestinely obtained the original outpatient card from the Record-Keeper of the private medical institution. But, the said record had been used to expose to the public the alleged irregularity and the fabrication done by the said private medical institution. Only very few in our country very boldly come out with such exposures to the public. If such activity is admitted to be stifled on the ground of theft of documents, no irregularity of any institution would come to surface. 7.
Only very few in our country very boldly come out with such exposures to the public. If such activity is admitted to be stifled on the ground of theft of documents, no irregularity of any institution would come to surface. 7. The Hon’ble Supreme Court of India has vehemently come down upon the criminal proceedings manifestly attended with mala fides and the malicious institution of criminal proceedings against such persons with ulterior motive simply for the purpose of wreaking vengeance. 8. The motive behind this prosecution initiated against the petitioner is not far to seek. As the petitioner had the guts to bring to the light of the alleged irregularities, this prosecution has been initiated against the petitioner herein. If such prosecution is continued, the initiation of the petitioner as against the said private medical institution will be completely aborted at premature stage. As the Court finds that the whole proceedings initiated against the petitioner is attended with mala fides, the Court is inclined to quash the whole proceedings, which culminated in C.C.No.355 of 2005 on the file of Judicial Magistrate II, Pondicherry. 9. The petition stands allowed. Consequently, Crl.M.P.Nos.1018 and 1019 of 2006 are closed.