1 Cri.Appln.No.703/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.703/2011. Sk.Bashir Sk. Ahmed - PETITIONER VERSUS 1) The State of Maharashtra and another. - RESPONDENTS ***** Mr.VG Mete, Advocate for Petitioner; Mr.KS Patil, APP for State. Mr.Hemant Surve, Advocate for Respondent No.2. ----- CORAM : K.U.CHANDIWAL, J. DATE : 23rd March, 2011. PER COURT : 1) Mr.Mete has tendered an Affidavit in Rejoinder, dealing with the averments of Respondent No.2, copy whereof is served on other side. 2) Heard Mr.Mete and Mr.Surve learned Counsel for the respective parties extensively. 3) Based on a private complaint, initiated by Respondent No.2, investigation in terms of Section 156(3) Cr.P.C. was directed, followed by registration of Crime by the police for an 2 Cri.Appln.No.703/2011 offence under Section 420 of Indian Penal Code against the petitioner/accused. 4) The basic theme of the allegation against the petitioner is, in the year 1993, he had a fair price shop, from which he had regular earnings, he joined the institution conducted by Respondent No.2 as a Secretary and also worked as Head Master. He served in the said institution as a teacher and Head Master from 1994 to 31st October, 2010, having retired on superannuation. 5) The allegation is, he had made double earnings, one by running the fair price shop and also by serving in the institution as a teacher/Head Master, run by the Respondent No.2. 6) Shorn of several details narrated by both the learned Counsel, fact remains, whether, in peculiar situation and circumstances of the case, custodial interrogation of the petitioner/accused is imperative. Several records, which the petitioner possesses, was entrusted in the year 2006 under acknowledgment. Audit report was furnished to the authorities, for which acknowledgment is produced, however, its details are not produced before the Court. 7) Even if the details of drawing the 3 Cri.Appln.No.703/2011 salaries are not produced, fact remains, the Government record illustrate as to after grant- in-aid to the school, how much salary was withdrawn or not withdrawn by the petitioner/accused, either as a Teacher or Head Master. License of fair price shop is cancelled by orders of the authorities dated 13.8.2009. It is also indicated that no prosecution could be initiated against the petitioner having termination of the license of fair price shop on the allegation of making double-earnings. 8) During the course of the arguments, it was informed that no register, showing salary paid or acquittance roll was produced by the petitioner. 9) Production of acquittance roll or salary register itself is not imperative, as the record of Government speak volume of withdrawal of salary, based on statements produced month to month under the signature of the petitioner. Such record is available to be produced at the time of inquiry, for that, custodial interrogation of the petitioner/accused not warranted. Since other record is available and placed with the authorities, custodial interrogation in the matter of initiation of private complaint by respondent no.2 for an offence under Section 420 4 Cri.Appln.No.703/2011 of IPC not warranted. Hence, order. (i) The Criminal Application, seeking protection in terms of Section 438 of Cr.P.C. Allowed. (ii) The petitioner/accused, in the event of arrest, be released on his furnishing a PR bond and a surety in the sum of Rs.15,000/- (Rupees fifteen thousand). (iii) The petitioner/accused shall attend the Investigator on every Sunday between 3.00 to 6.00 p.m. Till 30th June, 2011. (iv) The accused/petitioner shall endeavour to produce the acquittance roll, if it is with him, or the details of salary drawn by him from the institution. (v) The accused/petitioner shall not influence the witnesses. (vi) Since the prayer for quashment of the proceedings is not pressed, it is disposed off. 10) Criminal Application allowed partly as above. ( K.U.CHANDIWAL ) JUDGE bdv/