S Mutha Goud v. State Of Telangana

HON'BLE SRI JUSTICE Dr. B. SIVA SANKARA RAO WRIT PETITION No.3710 of 2018 ORDER:

This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief: " .....to issue an order or direction more particularly one in the nature of Writ of MANDAMUS declaring the orders in M.C.No.285 of 2016, dated 21.04.2016 passed by the Mandal Executive Magistrate, Bhiknoor i.e 2nd respondent herein, as illegal, arbitrary, without power, without jurisdiction and also violation of Article 14 & 21 of the Constitution of India and consequently set aside the same and pass such other......." 2.

Heard.

3.

Undisputedly, from the proceedings, dated 21.04.2016, issued under Section 111 of the Code of Criminal Procedure, it is not disposed of within six months from the date of said proceeding or service and there is no specific order of the Executive Magistrate-respondent No.2 of the extension of the period beyond, by assigning reasons. Once such is the case, the impugned proceedings are lapsed.

4.

Having regard to the above, this Writ Petition is allowed and the show cause notice dated 21.04.2016 is quashed. The bonds executed if any, shall stand cancelled. 5.

Consequently, miscellaneous petitions, if any shall stand closed. No order as to costs.

___________________________ JUSTICE Dr. B.SIVA SANKARA RAO Date: 08.02.2018 pab