BABURAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an Anticipatory Bail Application seeking protection from arrest by virtue of registration of crime bearing no.286 of 2023 registered at Pundliknagar Police Station, Aurangabad for offence under Ss. 420, 463, 464, 465, 468, 469, 470, 471, 474 of the Indian Penal Code (IPC).

(2.) In support of relief, learned Counsel for applicant pointed out that there is tussle between applicant and complainant on membership and presidentship of a Public Trust. There are cases and counter cases. There is record with Charity Commissioner Office as to who is member and who is not holding membership and who is holding which post. According to him, in such backdrop, there is false implication by one Janardhan Kisanrao Pawar alleging that present applicant had made application to the revenue authorities for getting documents like 7/12 extract. It is pointed out that it is mere application and no ownership is asserted. He pointed out that even his application has not been decided but still above complaint levelling false allegations has been registered alleging cheating and fabrication without any basis.

(3.) It is next submitted that infact applicant is a patron member of Trust. That several proceedings are pending in the Office of Charity Commissioner on change reports. He further submitted that already all documents are with the Charity Commissioner Office as well as Trust Office. That nothing is to be recovered from applicant and therefore, his custody or interrogation is absolutely not necessary. That alleged application tendered is also with revenue authorities. Therefore, nothing new is to be recovered from him and therefore, his custodial interrogation is absolutely unnecessary. However, according to him, complainant is pressing Police authorities to act on his false complaint and is keen in seeing applicant's arrest and hence, he seeks protection.