Enagandula Lalitha, v. The State Of Telangana, Home Department, Rep. By Its

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.1668 of 2016 ORDER:

The challenge in this writ petition is to the notice dated 18.01.2016 issued by the Executive Magistrate cum Tahsildar, Warangal Mandal, Warangal District, the second respondent. By the said notice, the second respondent exercised powers under Section 122(b) Cr.P.C. and ordered one Enagandula Lalitha, W/o.Shanker, who is stated to be well acquainted with the petitioner, to pay a sum of Rs.1,00,000/-. This payment was directed in the context of the said Enagandula Lalitha being bound over for good behaviour on 27.11.2015 for a like sum.

2. The impugned notice reflects that after being bound over, the said Enagandula Lalitha was implicated in COR No.749/2015-16 in relation to an offence under Section 7-A read with Section 8(e) of the A.P. Prohibition Act, 1995. Owing to her alleged involvement in the said offence, the second respondent concluded that she committed breach of the bond furnished by her under Section 110 Cr.P.C.

3. 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 accused had committed a breach of the bond furnished by her for maintaining good behaviour.

4. Thus, on this count, the impugned notice dated 18.01.2016 is unsustainable and is therefore set aside.

The writ petition is allowed. Pending miscellaneous petitions, if any, shall also stand closed in the light of this final order. No order as to costs.

____________________ JUSTICE SANJAY KUMAR January 21, 2016 LMV