1 Criminal Application No.1820/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1820 OF 2011 Vivekanand s/o Revansidhha Kanthale ... APPLICANT VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Shri S.S. Choudhari, Advocate for applicant Shri N.B. Patil, A.P.P. for respondents ..... CORAM : K.U. CHANDIWAL, J. DATE : 6th May, 2011 PER COURT : 1. Heard finally. Heard Shri S.S. Choudhari for applicant and Shri N.B. Patil, learned A.P.P. extensively. Dattatraya Dnyanoba Nalawade moved the learned Chief Judicial Magistrate, Latur by Application No.871/2010, in which accused No.2 was shown as Ravi Kanthale, Sevak at Vasantrao Naik College, CIDCO, Vasarni, Nanded. 2. The complainant alleged that his son, nephew and other 10/12 unemployed youth, in search of employment were allured and enticed to part individually Rs.4 Lakhs for which installment of Rs.40 Lakhs was handed over to accused Nos.1, 2 2 Criminal Application No.1820/2011 and 3. Accused No.4 posed himself to be an officer competent to issue such appointment letters. 3. It is canvassed that no such event has taken place and accused/ applicant has not received any money. This primarily blasts the contention as several witnesses have implicated the accused No.2/ applicant herein. 4. Another startling submission made by Mr. Choudhari is that the accused Vivekanand Ravindrasidhha Kanthale has no role nor nexus to the accused in the said complaint named as Ravi Kanthale and consequently, the prosecution is ill-founded and police are unnecessarily harassing. 5. Having gone through the application moved by present accused/ applicant before the learned Sessions Judge and the orders of the learned Sessions Judge, I find this is for the first time the accused/ applicant attributes for impersonation or disputes his identity. If he disputes his identity as Ravi Kanthale, there was no injunction for him to have referred the same before the Sessions Judge or by any communication to the investigator. 6. The reference in the present application, at para 8 3 Criminal Application No.1820/2011 relates to a grievance that name of accused/ applicant Vivekanand is incorrectly mentioned as Ravi Kanthale. He does not dispute in the application of his role or acquaintance with the complainant. 7. Considering these aspects, the volume of amount involved in cheating the son, nephew and other persons at Udgir and nearby area being indication of involvement of the accused/ applicant, no protection. Earlier interim protection vacated. Application dismissed, finally disposed of. Observations are prima facie in nature. Liberty if the accused/ applicant has nay record to identify himself as Vivekanand Revansiddha Kanthale and not Ravi Kanthale. K.U. CHANDIWAL JUDGE fmp/cri1835.11