{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4185 OF 2009 Nathrao s/o Hausaji Kendre Age-50 years, Occ-Agriculture R/o Wagdarwadi, Tq-Loha Dist-Nanded APPLICANT VERSUS 1. The State of Maharashtra 2. The District Superintendent of Police Nanded, Dist-Nanded 3. Mishan s/o Mariba Dhawale Age-60 years, Occ-Agril R/o Chondi, Tq-Loha Dist-Nanded RESPONDENTS ....... Mr.A.M.Gaikwad, Advocate for applicants Mr.B.J.Sonawane, APP for respondent State Mr.R.S.Patil, Advocate for respondent No.2 ....... [CORAM : A.V.POTDAR, J.] DATE: 21st January 2010 PER COURT: 1. The applicant has moved this Court for his release on anticipatory bail in the event of his arrest in connection with CR {2} No.11/2009 registered with Malakoli police station, Tq-Loha. 2. Heard learned counsel for the applicant followed by the submissions of learned APP and learned counsel for respondent No.3. Perused the record. 3. Today, affidavit in rejoinder is filed on behalf of the applicant. The alleged incident of abuse by the present applicant to respondent No.3 occurred on 4th September 2009. In this connection a private complaint has been lodged on 5th October 2009, wherein it is categorically stated that the complainant tried to lodge the compliant with the police station in respect of the incident dated 4th September 2009, however the police has not taken any cognizance and hence the private complaint is being lodged before the JMFC, Loha. 4. Perusal of the papers shows that there is dispute over the regularization of the land, encroached by respondent No.3, and as the said encroachment is not regularized, it appears, number of representations are made by respondent No.3, before various authorities. It is surprising to note that though the complaint has made a representation on 5th September 2009, immediately next day of the alleged incident, to the Collector and various authorities, yet there is no mention or reference of the alleged incident dated 04.09.2009 and that the police has not taken cognizance of the same. The entire representation does not find any reference in {3} respect of the alleged incident dated 04.09.2009, wherein respondent No.3 is allegedly abused by the applicant in the name of his caste, which is an offence under the Atrocities Act. In view of the fact that a communication is addressed by the applicant to various authorities immediately on the next day of the incident and if there is no reference of the alleged incident and also of the apathy of the police, the possibility of false implication of the applicant cannot be ruled out. In the premise, case is made out to use discretion u/s 438 of the Criminal Procedure Code to enlarge the applicant on anticipatory bail. 5. In the result, the application is allowed. Interim protection granted on 04.12.2009 is hereby confirmed. This protection to continue for a further period of 6 weeks, within mean time the applicant may apply for regular bail. Applicant is directed to cooperate with the investigation agency and to attend Malkoli police station, whenever required by the concerned investigation officer, on requisition in writing. [A.V.POTDAR, J.] drp/A10/criapln4185-09