S.VICTOR Vs. STATE

JUDGEMENT

(1.) Heard Mr.S.Palani Velayutham, learned counsel appearing for the petitioner and Mr.M.Chandrasekaran, learned Additional Public Prosecutor appearing for the respondent.

(2.) This Original Petition has been filed to set aside the order of the learned Special Judge cum Chief Judicial Magistrate, Kanyakumari District made in Crl.M.P.No.313 of 2018 dated 13.06.2018 of allowing the application of the respondent herein for examining one Arunkumar and one Mathialagan as additional witness in Special Case No.5 of 2015 on the file of the Chief Judicial Magistrate cum Special Judge, Kanyakumari District at Nagercoil.

(3.) The case of the prosecution is that the occurrence is alleged to have been taken place between the period from 11.03.2009 to 09.02.2012. The petitioner was an Assistant Engineer (Agricultural Engineering) who was a public servant has misused his official capacity by forging the signature of one S.Vellian, Assistant Executive Engineer (Agricultural Engineering), who is his immediate superior, and who has the authority to open an account. The accused himself has put the official seal dated 01.02.2009 and opened a SB account No.24420100007113 at the Bank of Baroda at Nagercoil on 19.02.2009 in the name of the Assistant Engineer with a malafide intention of cheating through falsification of accounts by corrupt practices to misappropriate the Government money in the form of contribution amount for the works done by the Water Shed Committee cum Water Shed Association formed in the Agricultural Engineering konam.