1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR Criminal Application No.1412 of 2008 (Sou. Bainabai Govardhan Shedmake v. The State of Maharashtra) -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-- Office Notes, Memoranda of Coram, appearances, Court's orders or directions : Court's or Judge's orders and Registrar's orders. -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Shri R.V. Joshi, holding for Shri A.A. Naik, Advocate for Applicant. Shri A.S. Sonare, APP for State. CORAM : A.H. Joshi, J. DATE : 11th June, 2008 1. On the basis of the report lodged by Tahsildar dated 24-3-2008, FIR came to be registered vide Crime No.3002 of 2008. The allegation is that the applicant has unauthorisedly sold 48 quintals of rice and 12 quintals of wheat worth Rs.54,000/-, which were meant for distribution to the beneficiaries. 2. According to the applicant, the lapse so noted, which is the foundation of FIR, is based on the inspection done on 25-7-2007. The said inspection then resulted in initiation of notice of show cause for cancellation of the licence of shop of the applicant. The Sub-Divisional Officer instead of cancelling the licence of the shop of the applicant treated it as a minor lapse and direct forfeiture of security deposit and allowed allotment of licence to the applicant. 3. The applicant claims that she is not responsible for distribution of the quota to dead card holders, because she does not have any control over issuance of ration cards. 2 4. The plea raised before this Court is presented in a very innocent manner. It is not a case of solitary allegation of distribution/sale of grains to bogus card. In fact what is alleged is sale of commodities, like rice and wheat, due to be distributed to the particular class. 5. It is an apparent case of misappropriation of goods supplied for distribution. 6. On what appears, prima facie, present is a case of positive involvement of the applicant in the commission of crime. 7. The applicant is, therefore, entitled to any protection. The application is dismissed. Interim anticipatory bail granted by this Court stands vacated. JUDGE pdl