Cri.Apln.Nos.1209,1210 & 1211/11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1209 OF 2011 Mr. Shridhar Madhavrao Patil, Age 40 yrs., Occu. Medical officer, Police Surgeon, Police Hospital, Nagpada, Mumbai. ....Applicant. Versus The State of Maharashtra & Anr. ....Respondents. AND CRIMINAL APPLICATION NO. 1210 OF 2011 Mr. Satish Shivajirao Shendge, Age 40 yrs., Occu. Service, R/o. Borole, Tq. Deoni, At present R/o. Udgir. ....Applicant. Versus The State of Maharashtra & Anr. ....Respondents. AND CRIMINAL APPLICATION NO. 1211 OF 2011 1. Mr. Shivaji s/o. Sambhaji Shendge, Age 66 yrs., Occu. Agri., 2. Smt. Kaushalyabai Shivaji Shendge, Age 60 yrs., Occu. Household, Both R/o. Borol, Tq. Deoni, At present R/o. Bidar Naka, Udgir, Dist. Latur. ....Applicants. Versus The State of Maharashtra & Anr. ....Respondents. Cri.Apln.Nos.1209,1210 & 1211/11 2 Mr. R.F. Totla, Advocate for applicants in all applications. Mr. S.G. Nandedkar, APP for State/respondent No. 1 in all applications. Mr. S.S. Bora h/f. Mr. A.S. Barlota, Advocate for respondent No. 2 in all applications. CORAM : T. V. NALAWADE, J. DATED : 12th July, 2011. PER COURT : 1. All these applications are filed for anticipatory bail in Cr. No. 1/2011 registered with Deoni Police Station, District Latur for offences under sections 420, 467, 468, 34 etc. of IPC. Both the sides are heard. 2. The crime is registered on the basis of direction given by Judicial Magistrate, First Class, Deoni, in a private complaint filed by one Ashok Deshmukh against the applicants. The private complaint was filed under sections 420, 467, 468, 34 etc. of IPC. He has contended that one Hanumant Deoni was the Chairman of Yashwantrao Chavan Madhyamik and Uchha-Madhyamik Vidyalaya, Borole and nobody was elected as Chairman after the death of Hanumant. It is contended that for doing the transaction of withdrawal of money as per the bye-laws, it is necessary that the Chairman and Secretary should sign on the document. It is contended that at present accused No. 1 is shown as Secretary and accused No. 2 is the wife of accused No. 1. Accused No. 3 is the son of accused No. 2 and accused No. 4 is a relative of the other Cri.Apln.Nos.1209,1210 & 1211/11 3 accused. These persons are running the educational institution. 3. It is contended that on 24.2.2005 after the death of Deoni, the Chairman, when no new Chairman was appointed, accused No. 2 was falsely shown as a member of the trust by creating false record and after that from the account of Maharashtra Gramin Bank, Branch Borole, the amount of Rs. 1,00,500/- was withdrawan. It is the case of the complainant that he collected information from the bank and he realized that such false record is created and fraud is committed in respect of the amount of institution. A copy of order made by Joint Charity Commissioner in Revision No. 13/2008 is produced for the State (by original complainant through Advocate Shri. S.S. Bora). This order shows that the Joint Charity Commissioner has given finding that there is manipulation in the record of General Body Meeting dated 9.2.2007 and though accused No. 2 Koushalyabai was not present in the meeting, she is shown to be elected as Chairman of the Executive Committee. It is held that the reported change in this regard is illegally done. The aforesaid circumstance shows that all the accused are controlling the education institution. It appears that the complainant has some dispute with them. As the matter was with the Joint Charity Commissioner, the entire record must have considered by the Joint Charity Commissioner. Today the advocate of the applicants filed a copy of receipt showing that in the account of the institution, the applicants have deposited the amount of Rs. 1,00,500/- in respect of which there was a dispute. The Cri.Apln.Nos.1209,1210 & 1211/11 4 main grievance is in respect of this amount. In view of nature of the dispute, this Court holds that there is no need of custodial interrogation. 4. So the applications are allowed. Ad-interim relief granted earlier in favour of applicants is confirmed. The amount is to be treated as the amount deposited under protest. [ T. V. NALAWADE, J.] ssc/criapln1209,1210 & 1211/11