1 CR.APL NOS. 1008/2011 & 1061/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 7. APPLN/1008/2011 PRAKASH BHIKOBA SHIVANKAR [Criminal] V/S THE STATE OF MAH AND ANR WITH APPLN/1061/2011 SHIVAJI BHAGWANTA BHADULE V/S PRAKASH BHIKOBA SHIVANKAR In APPLN/1008/2011 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr.N.V.Gaware, Adv., for the applicant. Mr. V.H.Dighe, APP for State. Mr. Amol Gandhi, Adv., to assist learned A.P.P. ... CORAM: K.U.CHANDIWAL, J. DATE:29/3/2011 1. Heard. Application (No. 1061/2011) of Shri Amol Gandhi for assisting learned A.P.P. is allowed. 2. Heard. The accused/applicant Prakash (Application No.1008/2011), allegedly, purchased land Gat No.20 from Radha daughter of Bapu Vithu, who was already dead. Counsel submits, the lady to which 2 CR.APL NOS. 1008/2011 & 1061/2011 reference is given by the complainant as Radhabai Kamble has nothing to do with the executant of the conveyance, subject of controversy. The transaction is of 2007, the mutation is taken. The property of the complainant is distinguishable and there is nothing to suggest any part or portion of adjoining property is encroached upon or merged in the sale deed. 3. Counsel submits, reference of benefit of alluvial land is inconceivable as, by virtue of the Government orders of 4th Sept.,2004, already accused/applicant is benefitted by such directions from the competent Revenue authorities. Counsel submits that due to an accident in past, the accused applicant Prakash is intermittently suffering attack of epilepsy and is under continuous treatment. 4. Considering above aspects of the matter, for the sale deed of 2007, FIR being filed in the year 3 CR.APL NOS. 1008/2011 & 1061/2011 2011, apparently, the nature of dispute relates to civil controversy which the complainant can get redressed in competent forum. Custodial interrogation of the accused/applicant not warranted. The interim protection dt.11th March, 2011, is made absolute with attendance condition which will remain in force till 30th June, 2011. Application allowed. (K.U.CHANDIWAL) JUDGE ... AGP/1008-11crapl