VASUDEVAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in C.C.379 of 1993 on the file of Judicial First Class Magistrate-II, Pathanamthitta is the revision petitioner.

(2.) This Criminal Revision Petition is filed challenging an order passed by the learned Magistrate dismissing a petition filed by the petitioner to implead C.W.2--Govinda Kurup -- also as an accused.

(3.) The brief facts necessary for the disposal of the Revision Petition are as follows: On 4.12.1986, the first accused started a time deposit account in the Post Office of Vallikodu, Kottayam. He deposited an amount of Rs. 25,000/-. Subsequently, the second accused, who is the son of the first accused, withdrew the amount with interest producing an authorisation letter stated to have been signed by the first accused. At the relevant time, the revision petitioner was the post master. The allegation against the petitioner (A3) was that he released the amount without making proper entries in the registers. The further prosecution case is that suppressing the factum of withdrawal, the first accused again filed an application for withdrawing the amount with intention to cheat the Government and to make illegal gains to him. That request for withdrawal was allowed by C.W.2-- Govinda Kurup and the first accused also withdrew Rs. 25,000/- and caused loss to the Government to that extent.