Julakanti Venkat Reddy v. The State Of Telangana

THE HONOURABLE SRI JUSTI CE SANJAY KUMAR WRI T PETI TI ON NO.5499 OF 2019

O R D E R

The challenge in this writ petition is to the notice dated 08.03.2019 issued by the Executive Magistrate, Nalgonda Mandal, Nalgonda District, the second respondent. By the said notice, the second respondent exercised powers under Section 122(b) Cr.P.C. and ordered the petitioner to pay a sum of Rs.1,00,000/-. This payment was directed in the context of the petitioner being bound over for good behaviour on 25.10.2018 for a like sum. The impugned notice reflects that after being bound over, the petitioner was implicated in Crime No.303 of 2018 on the file of Nalgonda Rural Police Station in relation to the offences under Sections 427, 324, 504, 506 IPC. Owing to the alleged involvement of the petitioner in the said offences, the second 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 08.03.2019 is unsustainable and is therefore set aside.

The writ petition is allowed. Pending miscellaneous petitions shall stand closed in the light of this final order. No order as to costs. _______________ SANJAY KUMAR, J 15th MARCH, 2019 Svv