HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3260 OF 2010 Date: 12.04.2010 Between: Dr.C. Bhaskar and another ……Petitioners And: Dr. L.Chennaiah and another ……Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3260 OF 2010 ORDER: The petitioners 1 and 2 who are the accused Nos.1 and 2 are doctors. A-1 is Medical Superintendent in Area Hospital, Gudur. A-2 is In-charge Administrative Officer of the same hospital. They are accused of offence punishable under Section 409 IPC. On report given by the District Coordinator, Hospital Services, Nellore, Gudur I Town Police registered case in Crime No.23 of 2010 against A-1 to A-3. A-3 is Junior Assistant in the same Area Hospital. When Assistant Finance Officer of the defacto-complainant’s office went to Area Hospital, Gudur for inspection of accounts, no records could be produced for verification. Only part of the records was produced. It is stated that A-3 who was dealing with accounts is the person responsible for production of records for verification and that he is absconding from duty since 07.01.2010. On verification of available records, it was found that an amount of Rs.65,561/- was drawn by the accused from Andhra Bank account towards educational advance, even without releasing of budget by the District Coordinator under that head. According to the defacto-complainant, total embezzled amount may come to nearly Rs.13,65,000/-. There is no proof of remittances of amounts collected in the hospital. There appears to be a wholesale misappropriation of amounts in that hospital. It is contended by the petitioners’ counsel that A-1 and A-2 could not produce vouchers for expenditure because A-3 was absconding and because A-3 was custodian of registers and accounts. There cannot be any dispute that A-1 and A-2 are the joint signatories for any cheque to be issued to banks for withdrawal of monies relating to the hospital. All the amounts were withdrawn with signatures of A-1 and A-2. The only present difficulty is about production of records, accounts and registers before the Finance Officer for their verification. A-1 and A-2 are also handicapped to prove remittances, with-drawls and expenditure for want of records. A-3 had absconded from duty from 07.01.2010 onwards when the Assistant Finance Officer went for verification of accounts. Until A-3 is taken into custody who is liable for production of entire records, registers and accounts, this Court is of the view that it would be premature for the police to arrest A-1 and A-2 who are doctors mostly working on medical side. A-1 and A-2 are apprehending their immediate arrest by the police. In the circumstances, the Station House Officer, Gudur, I Town Police Station is directed not to arrest A-1 and A-2 until apprehension of A-3 and his interrogation. With the said limited relief, the petition is closed. ___________________________________ SAMUDRALA GOVINDARAJULU,J Date:12.04.2010. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION NO.3260 OF 2010 Date: 12.04.2010 Gk.