1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1984 OF 2010 Shivaji S/o.Vishwanath Maske, Age-53 years, Occu-Talathi, At Pohner, R/o.Bajrang Nagar, Parli-Vaijnath, Dist. Beed APPLICANT VERSUS The State of Maharashtra RESPONDENT Mr.V.D.Salunkhe, learned counsel for applicant. Mr.S.G.Nandedkar, learned APP for State Mr.Vivek Bhavthankar, learned counsel for original complainant. CORAM : A.V.POTDAR, J. DATE : 21/06/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on anticipatory bail, in the event of his arrest in connection with CR No.5/2010, registered in Sirsala Police Station, Dist. Beed. 2. Heard learned counsel for applicant, learned APP for State and learned counsel for original complainant. 3. It appears that the application was initially moved on 26/05/2010 and an interim protection was granted to the present 2 applicant. 3. At present the applicant is working as a Talathi at village Pohner, Tal.Mazalgaon, Dist. Beed. In the year 2008, he was serving as Village Kamgar Talathi in the same taluka. It appears that somewhere in April 2008, he had issued copy of 7/12 extract in respect of land gat no.255 and on that basis, the land was sold by one Hanumant Narwade, who had obtained that land as a landless person from the Government,. That land was acquired by the Government as surplus land under the provisions of Urban Land Ceiling Act and later on distributed to the landless persons. It appears that private complaint came to be lodged vide RCC No. 103/2010 by the one Sharad Sherkar. It appears that with whom this Hanumant has agreed to sale the said land, that transaction was not materialized and he sold the land to some other person. Private complaint was lodged in the Court of J.M.F.C. Parli Vaijnath on 22/04/2010 and on the same day, the learned Magistrate has passed the order of investigation u/s. 156(3) of Cr.P.C. After the investigation was handed over to Sirsala Police Station, this offence came to be registered against the present applicant and 3 other persons. 4. Considering the aspect that while issuing the copy of 7/12 extract, the words in other rights column “through Government” are not mentioned in the copy furnished to the Hanumant Narwade, who later on sold the land in his possession, whether will amount to an offence punishable u/s. 420, 468, 471 of IPC ? It appears that the 3 dispute between complainant Sharad and Hanumant is of a civil nature. In the said dispute, as one incorrect 7/12 extract is issued, it can not amount to an offence as alleged against the Talathi, and as demonstrated in the complaint. The record in the possession of applicant is now in the possession of investigation agency, and hence custodial interrogation is not necessary, hence case is made out to enlarge the applicant on anticipatory bail. Order - O R D E R 1. Application is allowed. 2. Interim protection granted vide order dated 26/05/2010 is confirmed and to continue till filing of the charge sheet. 3. Applicant to co-operate the Investigation Agency. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri.appl.1984-10