Bhukya Maroni v. The State Of Telangana

HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL REVISION CASE No.100 OF 2018 ORDER:

Petitioner/accused challenges the notice/order dated 20-12.2017 in M.C.No.A/2617/2017 passed by the learned Executive Magistrate, Mattampally, Suryapet District forfeiting the bond earlier executed by her for a sum of Rs. 1,00,000/- on the ground that as per the material placed before him, the petitioner has committed breach of bond by involving in an offence under Section 7(A) r/w 8 (c ) of A.P. Prohibition Act (Telangana Adoption Order, 2015) in Crime No.167/2017 dated 22-8-2017 of Prohibition and Excise Station, Huzurnagar.

Heard Sri S.S. Chandra Mohan Reddy, learned counsel appearing for petitioner/accused and learned Additional Public Prosecutor.

The main grievance of the learned counsel for petitioner is that the said notice was issued by the learned Executive Magistrate ordering forfeiture of the bond without conducting due enquiry contemplated under Sections 107 to 122 Cr.P.C and therefore, manifestly, the order is erroneous and devoid of law. I find force in his submission.

A perusal of the relevant provisions of Cr.P.C would manifest that before forfeiting the bond offered by the party, the duty is cast on the Executive Magistrate to hold enquiry. Ex-facie no enquiry was conducted as contemplated under law before issuing the

UDPR,J Crl.R.C.No.100_2018 impugned order. Therefore, the order suffers vice of non-following the procedure. Learned counsel for petitioner relied upon the decision dated 2.6.2017 in Crl.R.C.No. 1404 of 2017 passed by this Court holding in similar circumstances that the order passed by the Executive Magistrate was not maintainable under law and directed the Executive Magistrate to pass appropriate orders strictly in accordance with the procedure established by law after hearing the petitioner/accused therein.

The said order squarely applies to the instant case on hand as in the instant case also learned Executive Magistrate has not conducted any enquiry before ordering forfeiture of bond. Therefore, Criminal Revision Case is allowed and the impugned order dated 20-12.2017 in M.C.No.A/2617/2017 passed by the learned Executive Magistrate, Mattampally, Suryapet District to pass appropriate orders by following the due process of law after hearing the petitioner.

As a sequel, miscellaneous applications pending if any, shall stand closed.

___________________________ JUSTICE U.DURGA PRASAD RAO Dated 24th January, 2018 Dvs

UDPR,J Crl.R.C.No.100_2018 HONOURABLE SRI JUSTICE U.DURGA PRASAD RAO CRIMINAL REVISION CASE No.100 OF 2018 Dated 24th January, 2018