1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 463 OF 2009 Laxman s/o Punaji Paikrao, age: 27 years, Occ: Service, R/o Panshil Nagar, Tq.Basmath, District Hingoli. Petitioner Versus 1 The State of Maharashtra 2 The Police Sub Inspector, Police Station, Basmath, Tq.Basmath, Dist.Hingoli. 3 Wamam s/o Nagorao Kamble, age: 45 years, Occ: Service, R/o Municipal Council, Basmathnagar, Dist.Hingoli. Respondents Mr.N.R.Jamdhade, advocate for the petitioner. Mr.Dilip Bankar Patil, A.P.P. For Respondents No.1 & 2. CORAM: R.M.BORDE, J. DATE : 09th June, 2009. ORAL ORDER: 1 Petitioner is praying for quashment of First Information Report lodged against him by the Recovery Officer of Basmath Municipal Council with Police Station Basmath on 03.02.2009. 2 It is alleged in the First Information Report that the petitioner 2 was serving with the Municipal Council as a Clerk and function in respect of recovery of taxes was assigned to him. It is alleged that petitioner has prepared fabricated receipt book and has recovered tax, but did not deposit the amount with Municipal Council. The misappropriation is stated to be to the tune of Rs.20,565/- and the offence is alleged to have been committed since 2006 onwards. 3 On perusal of the complaint lodged by Officer of Municipal Council, it does appear that prima facie there are ingredients of offence alleged to have been committed by the petitioner are present. The matter is required to be investigated by police machinery. There is absolutely no ground to cause interference. 4 Writ Petition is devoid of substance and is rejected summarily. Petitioner may have liberty to present appropriate application for seeking anticipatory bail and if such application is preferred, same be considered on its own merits. (R.M.BORDE) JUDGE ******* adb/criwp46309