1 Criminal Application No.1016/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1016 OF 2011 Smt. Manini w/o Ramesh Mandavgane ... APPLICANT VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Shri K.C. Sant, Advocate for the applicant Shri N.B. Patil, A.P.P. for respondents ..... CORAM : K.U. CHANDIWAL, J. DATE : 30th March, 2011 PER COURT : 1. Heard. In Crime No.14/2011, registered at Varangaon Police Station, exercise of powers under Section 438 of the Criminal Procedure Code are urged. 2. The female applicant, basically a teacher, was appointed as a Director to Dhanwardhini Gramin Bigar Sheti Sahakari Patsanstha Maryadit, Warangaon, Taluka Bhusawal, District Jalgaon (for short the Patsanstha). She allegedly did not contest any of the elections of the Society. She was nominated all 2 Criminal Application No.1016/2011 throughout. She has shifted to Pune and enjoying retired life. She did not take part in the activities of the Patsanstha except attending few meetings. She has not received any loan nor has recommended any proposal of loan. It is informed, not a single relative of the applicant has directly/ indirectly availed facility or financial benefit from the Patsanstha. 3. Learned A.P.P. submits that in almost all the meetings where 50 illegal loans were disbursed, the applicant was present as a Director. He accepts that the applicant did not propose or nominate or activate any loan to any of the borrower. 4. In a Writ Petition filed by the applicant, being Writ Petition No.8999/2010, a specific averment was made that even if her signatures are seen on resolution, however, such signatures were taken after such resolutions, whenever she used to visit Varangaon to attend her pension account. She has received all her communication to Pune. Even the notice in question of the Patsanstha was served upon her at Pune. 5. The illegal disbursement of advances to several persons in the Patsanstha mounted a figure of arrears to Rs.2.50 3 Criminal Application No.1016/2011 Crores approximately. The depositors feel that they are duped and their hard-earned money is left to winds. Even accepting the above position, the above factual prima facie details illustrate that the accused/ applicant is not to be personally held responsible for the mistakes that have been committed in the affairs. No criminal intention on the part of the applicant is surfaced while transacting in the Patsanstha. Considering these aspects, custodial interrogation not required for gearing up the investigation Hence order : O R D E R The earlier interim protection granted on 11.3.2011 is made absolute. The accused/ applicant shall attend the investigator on last Sunday of the month between 2.00 p.m. to 6.00 p.m. and shall also cause her attendance whenever specifically so informed by the investigator. Application allowed. K.U. CHANDIWAL JUDGE fmp/cri1016.11