1 HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO. 814 OF 2010. SAU.MANGALA W/O RUPCHAND WANKHEDE VS STATE OF MAHARASHTRA. AND CRIMINAL APPLICATION NO.849 OF 2010. RUPCHAND GOPALRAO WANKHEDE VS STATE OF MAHARASHTRA. ______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri V.M. Deshpande, Advocate for the applicant. Shri S.S. Doifode, APP for State respondent. Coram : A.H. JOSHI, J. Date : 18th JUNE, 2010. 1. Heard both sides, Perused the case diary. 2. The applicant in Criminal Application No. 814 of 2010 is a lecturer in Junior College and has been discharging her duties since 1986. Applicant Mangala is wife of Rupchand  the applicant Rupchand in second application. 2 3. The applicant in Criminal Application No. 849 of 2010 was a lecturer in Junior College and stood retired from his service on 31-03-2010. 4. Crime No.68 of 2010 is registered in Police Station, Warud District Amravati, under Section 420 read with Section 34 of the Indian Penal Code against both applicants. Shri Kanchan is the informant in capacity of power of attorney of Smt. Sonabai. Sonabai has affirmed whatever Shri Kanchan has reported to the police in her statement recorded by the police. 5. Sonabai Wankhede is mother of Shri Rupchand and Shri Kanchan. 6. The allegations against the applicants are that they have secured the thumb impressions of Sonabai on various documents when Smt. Sonabai was staying with accused persons, and they took Sonabai to Doctors for medical treatment due to her illness due to paralysis. 3 7. It is then alleged that based on the thumb impression of Sonabai on various documents the accused persons have withdrawn amounts from bank account of Sonabai and have taken away ornaments from locker of Sonabai and also got executed and registered, a sale deed of the agricultural field owned by Sonabai. 8. After Sonabai came to reside with Shri Kanchan, he came to know about the alleged acts of accused persons. He has thereafter secured power of attorney from Sonabai and thereupon has lodged the FIR subject matter. 9. Perusal of the case diary reveals that:- (a) Smt. Sonabai was having three bank accounts and also owns landed property. (b) It is seen that the bank accounts were in the joint name of Smt. Sonabai and Shri Rupchand, and were operated by the either or survivor. (c) The sale deed subject matter is a registered document registered before the Sub Registrar being a sale transaction. 4 Sale Deed shows the photograph of Smt. Sonabai who was present before the Sub Registrar. (d) Prima facie, it appears that there is a dispute between the brothers. The complaint has been lodged by Shri Kanchan only after got executed the power of attorney. 10. Applicants claim that :- (a) All previous transactions by Smt. Sonabai even with family members are only by way of Sale Deed. (b) Sonabai had voluntarily executed the sale deed subject matter and now she is supporting the son Shri Kanchan on being provoked and misled. 11. In these premises, and on considering all aspects what prima facie, appears to this Court is that, at this stage, it may not be possible to believe that the applicant may be involved in commission of offence under Section 420 read with Section 34 of the Indian Penal Code. 12. In this background, the applicant is 5 entitled to be released on protection sought for. 13. Ad interim order passed by this Court on 5-11-2010 is made absolute. 14. Hamdast is allowed. Judge |mule|