Anabothula Surya Prakash Rao S/O Ramachandraiah v. The State Of Telangana

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.42868 of 2015 ORDER:

The challenge in this writ petition is to the notice dated 30.11.2015 issued by the Executive Magistrate, Narsampet Mandal, Warangal District, the fourth respondent. By the said notice, the fourth 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 29.09.2015 for a like sum.

2. The impugned notice reflects that after being bound over, the petitioner was implicated in COR Nos.1001/2015-16 dated 25.11.2015 in relation to an offence under Section 34(e) of A.P.Excise Act, 1968. Owing to the alleged involvement of the petitioner in the said offence, the fourth respondent concluded that the petitioner committed breach of the bond furnished by him under Section 110 Cr.P.C.

3. Having received instructions in the matter, the learned Assistant Government Pleader for Excise conceded that no enquiry was conducted under Section 117 Cr.P.C. before exercise of powers under Section 122 Cr.P.C. That apart, 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.

4. Thus, on counts more than one, the impugned notice dated 30.11.2015 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.

____________________ JUSTICE SANJAY KUMAR December 31, 2015 Note:- Furnish copy today.

{B/o} LMV