Chanda Venkateshwarlu v. The State Of Telangana,

HONOURABLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 12156 of 2017 ORDER:

The challenge in this writ petition is to the notice dated 09.03.2017 issued by the Executive Magistrate, Devarakonda Mandal, Nalgonda District, the third respondent. By the said notice, the third respondent exercised powers under Section 122(b) Cr.P.C. and ordered the petitioner to pay a sum of Rs.2,00,000/-. This payment was directed in the context of the petitioner being bound over for good behaviour on 23.09.2016 for a like sum. The impugned notice reflects that after being bound over, the petitioner was implicated in COR No.78/2017 in relation to an offence under Section 34(e) of the TSPE Act, 1968, and Clauses 3 & 4 of GUR Regulation of Use Order, 1968. Owing to the alleged involvement of the petitioner in the said offence, the third respondent concluded that the petitioner committed breach of the bond furnished by him under Section 110 Cr.P.C. This Court is of the opinion that mere arraignment in an offence cannot be taken to be a conviction whereby it could be said that the petitioner had committed a breach of the bond furnished by him for maintaining good behaviour.

Thus, on this count, the impugned notice dated 09.03.2017 is unsustainable and is, therefore, set aside. The writ petition is allowed. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

______________________________ CHALLA KODANDA RAM,J Date: 06.04.2017 usd