NARENDRA KUMAR SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition, under Section 482 CrPC, is directed against so much of the order, dated 20-11-1982, passed by Sri Brahma Singh, III Additional Sessions Judge, Gonda, whereby petitioner Narendra Kumar Srivastava has been directed to be impleaded as co-accused in a criminal trial for an offence under Section 409 IPC.

(2.) PETITIONER Narendra Kumar Srivastava was a Naib Tehsildar when certain monies were defalcated from the treasury of which Ram Iqbal Vishwa- fcarma was treasury officer, Ram Vibhuti Ram, opposite party no. 3, was Tehsildar, and opposite party no. 4 Munna Singh was cashier. Ram Vibhuti Ram made a report to the police against Munna Singh stating that he had taken away the keys of the single lock and certain boxes. When an inspection was made by the Treasury Officer, by breaking open the lock, not only of the single lock but also the double lock, certain monies were found short. The Treasury Officer, Ram Iqbal Vishwakarma, then lodged two separate reports regarding defalcation of monies against Ram Vibhuti Ram and Munna Singh.

(3.) SECTION 319 (1) CrPC runs as follows :-