PENUMALA VISWA SHANTI Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) The present revision under Sections 397 and 401 Cr. P. C. , has been filed by the revision petitioner/accused against the impugned docket order, dated 08. 02. 2019, passed in C. F. No. 659 of 2019 in Crime No. 100 of 2016 of Huzurabad Police Station, by the I Additional Judicial Magistrate of First Class, Huzurabad, wherein the learned Magistrate, while returning the Final Report, ordered for further investigation in the above Crime.

(2.) The relevant facts, in brief, are that on 19. 04. 2016, one Dr. Narendra, in charge Senior Public Health Officer, Community Health Nutrition Centre, Huzurabad, Karimnagar District, lodged a complaint stating that the petitioner/accused, who was working as Civil Surgeon (Spl. ), Government Civil Hospital, Huzurabad, has been transferred to Area Hospital, Godavarikhani, but she did not report for duty and did not give charge of the Government Civil Hospital, Huzurabad, till that date. It is further mentioned in the complaint that the petitioner/accused did not hand over the records pertaining to JSY, JSSK and HDS funds to the Superintendent, Government Civil Hospital, Huzurabad and that the records are not available in the hospital. During the visit of Vigilance Monitoring Committee, the issue of misappropriation of funds was discussed and decided to take action against the petitioner/accused. Further, the JSY and other funds, which were released during the years 2013 to 2015, the SOE's were not submitted to the NRHM Audit. In this connection, an enquiry has been conducted by RDM&HS, Warangal, with regard to the aforesaid allegations and in the enquiry, it was stated that the present in charge Medical Superintendent, Government Civil Hospital, Huzurabad, has informed that the records were not handed over by the previous Medical Superintendent to him. Thereafter, the Government, directed the petitioner/accused to hand over the records to the RDM & HS, Warangal, but she has not handed over the records. Thereafter, the petitioner/accused was directed to meet Principal Secretary to Government, HM&FW Department on 09. 10. 2015, but she did not attend before the higher authorities. Further, the DPH & FW. , TS. , Hyderabad, has instructed to inspect and send the detailed report regarding JSY funds released to Government Civil Hospital, Huzurabad, accordingly, the RDM & HS, Warangal, was called for the information from the Medical Superintendent, Government Civil Hospital, Huzurabad. It is informed that the then Medical Superintendent i. e. , the petitioner/accused did not submit the S. O. E. to the tune of Rs. 29,75,000/- till today. The bank statements of the Government Civil Hospital, Huzurabad, shows that the amounts were drawn in favour of one B. Uday Kumar, Lab Technician (Contract basis), Blood Storage Unit, Government Civil Hospital, Huzurabad and the expenditure for an amount of Rs. 77,56,052/- was not available. The Enquiry Officer stated that the enquiry cannot be conducted without records to find out the amounts misused and fraudulent drawals. Hence, the District Collector, Karimnagar, has issued a show-cause notice dated 07. 04. 2016, to the petitioner/accused to submit her explanation within five days, but she failed to submit the explanation. Hence, the District Collector, Karimnagar, directed the complainant to lodge a complaint against the petitioner/accused. Basing on the said complaint, a case in Crime No. 100 of 2016 came to be registered against the petitioner/accused for the offences punishable under Sections 406 and 409 I. P. C. While the investigation was under progress, the petitioner/accused obtained anticipatory bail and released on 23. 06. 2016. As such, on 29. 09. 2016 and 20. 12. 2016, two notices were issued to the petitioner/accused directing her to hand over the records pertaining to the case within a week for the purpose of investigation, but she did not hand over the same and submitted her explanation stating that she was not possessing any of the hospital records including JSY, JSSK and HDS funds records of Government Civil Hospital, Huzurabad. Hence, the Inspector of Police, Huzurabad Police Station, filed a requisition before the Assistant Commissioner of Police, Huzurabad, to permit him to refer the case as "lack of evidence" for the time being as no departmental enquiry was conducted against the petitioner/accused and that the investigation cannot be continued further without relevant records of the Government Civil Hospital, Huzurabad, to find out the misappropriation of funds by the petitioner/accused. Vide letter dated 31. 12. 2017, the Assistant Commissioner of Police, Huzurabad, permitted to refer the case as "lack of evidence" in Crime No. 100 of 2016. Hence, the Inspector of Police, Huzurabad, filed a final report before the I-Additional Judicial Magistrate of First Class, Huzurabad, requesting to refer the case as "lack of evidence".

(3.) Subsequently, on 07. 02. 2019, on the instruction of the Commissioner of Police, Karimnagar, the Assistant Commissioner of Police, Huzurabad, filed a requisition before the I-Additional Judicial Magistrate of First Class, Huzurabad, requesting to re-open the case and issue proceedings. By an order, dated 08. 02. 2019, the learned Magistrate, returned the final report with a direction to the Station House Officer, Huzurabad Police Station, to proceed with the investigation in the above crime. Challenging the same, the present Criminal Revision Case is filed.