(1) Crsmwp1.09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL SUO MOTU WRIT PETITION NO.1 OF 2009 IN CRIMINAL WRIT PETITION NO.145 OF 2009 Registrar, High Court of ] Judicature, at Bombay ] PETITIONER Bench at Aurangabad. ] VERSUS 1] Mola Beg s/o Bashubeg Patel] 2] Sarpanch, Grampanchayat,Dor] RESPONDENTS. ----- Mrs.R.R.Mane, APP, for the petitioner. Mr. R.V.Gogare, Advocate, for respondent No.1. Mr. P.R.Katneshwarkar,Advocate, for respondent No.2. ----- CORAM : NARESH H. PATIL AND SHRIHARI P. DAVARE, JJ. DATE : 10th August, 2009. ORAL ORDER [ PER – NARESH H. PATIL, J.] Heard. 2] The learned Additional Public Prosecutor, Mrs.R.R.Mane, for the petitioner, submits that the statement of Tukaram Mariba Dornewad, Sarpanch, Rudrapur, Tq.Biloli, Dist.Nanded, has been recorded by Police Sub Inspector, Biloli Police Station. We have perused the same. In the said statement, the Sarpanch has stated that on the request made by father of convict Mola Beg s/o Bashubeg Patel (2) Crsmwp1.09 certificate was issued by him showing approximate date of birth of convict. 3] Normally, Sarpanch should have taken abundant precaution before issuing such certificates. He must be aware of his duties as Sarpanch as he is discharging responsible functions under law. The authorities must caution Sarpanch in this regard so that in future such mistakes are not repeated. The Registrar (Judicial) is directed to forward copy of this order to Chief Executive Officer, Zilla Parishad, Nanded. 4] The convict Mola Beg s/o Bashubeg Patel is produced before us consequent to our order passed on 29th April, 2009. 5] After hearing learned counsel Shri.R.V.Gogare, Advocate (appointed) for respondent No.1, Shri.P.R.Katneshwarkar for respondent No.2, Mrs.R.R.Mane, Addl. Public Prosecutor, for petitioner, and after perusal of material placed on record, we observe that these proceedings need to be closed at this stage. In furtherance of the order passed by this Court on 29th April, 2009, the amount of costs of Rs.10,000/- (Rs.Ten Thousand Only) imposed will have to be recovered from the convict Mola Beg s/o Bashubeg Patel. Registrar (Judicial) would take appropriate steps in this regard. (3) Crsmwp1.09 Production of convict is dispensed with and we direct police to send back the convict to jail for undergoing remaining sentence as this Court had already dismissed his plea of he being juvenile at the time of commission of offence. 6] Criminal Suo Motu Writ Petition stands disposed of. 7] Authenticated copy duly signed by Sheristedar of this Court be issued to Addl. Public Prosecutor, as per rules. [ SHRIHARI P. DAVARE, J.] [ NARESH H. PATIL, J.] pcr/o/crsmwp1.09