ASHWANI KUMAR MISHRA,J. - (1.) This application under Section 482 Cr.P.C. has been filed to quash the order dated 3.5.2018 passed in Criminal Revision No. 294 of 2017 (Lokesh Pal v. Veer Singh and another) , arising out of an order dated 18.9.2017 passed in Criminal Case No. 1751 of 2013 (State v. Veer Singh) , under Sections 467, 468, 420, 409, 471 IPC, P.S. Nai Mandi, District Muzaffar Nagar in Case Crime No. 74 of 1998.
(2.) Applicant was not originally named in the chargesheet, which was submitted against other accused Veer Singh. Applicant, however, has been summoned and made an accused upon an application filed under Section 319 Cr.P.C. at the instance of accused Veer Singh. The trial is pending and prosecution has already adduced its evidence. The evidence led on behalf of prosecution includes statement of PW-1 Devendra Kumar Jain and PW3 J.D. Sharma. They have also been cross examined in the matter. PW-1 and PW-3 are retired officers of the department of Commercial Tax of State of Uttar Pradesh. Applicant Lokesh Pal was junior clerk in the department while accused Veer Singh was posted as Senior Clerk/Accountant in the same office. Criminal proceedings have been initiated with the allegation that substantial amount of public money received and mentioned in the daily register from August, 1996 to February, 1997 have not been deposited in the treasury.
(3.) Accused Veer Singh has submitted certain documentary evidence after conclusion of prosecution case and thereafter moved an application for summoning PW-1 and PW-3 as DW-1 and DW-2 to prove the documents filed before the court. This application has been allowed by the court of Magistrate on 18.9.2017. Aggrieved by this order, the applicant has filed revision, which has been rejected by the order impugned.;