1 Criminal Application No.1/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1 OF 2011 Jakiya Sultana Abdul Rashid ... APPLICANT VERSUS The State of Maharashtra ... RESPONDENT ..... Shri P.N. Kutti, Advocate for the applicant Shri K.M. Suryawanshi, A.P.P. for the respondent ..... CORAM : K.U. CHANDIWAL, J. DATE : 18th January, 2011 PER COURT : 1. Heard learned counsel. The accused/ applicant, a Head Mistress in Anjuman Harakki-E-Talim at Jamner, District Jalgaon seeks exercise of powers under Section 438 of the Criminal Procedure Code, for an offence under Sections 420, 409, 468 of the Indian Penal Code. Reading the report, it is obvious, the applicant filled in a form, though there was already stock of rice. Filling of the form of demand of rice by itself would not prima facie amount to misappropriation. Non accounting of excess rice will also not involve for seeking custodial interrogation. Record is with the office, there is primarily conflict between the trust/ its members and the accused/ 2 Criminal Application No.1/2011 applicant is made a scapegoat in the quid of the Trustees. 2. The ad-interim relief dated 6.1.2011 is made absolute, with attendance on every Sunday till 30th April 2011. Application allowed. K.U. CHANDIWAL JUDGE fmp/cri1.11