High Court for State of TelanganaCRLRC/1807/2016disposed of no costs

Lal Surya Prakash Singh v. The State Of Telangana,

2016-07-12Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1807 of 2016 ORDER:

This Criminal Revision Case is filed by the petitioner -accused aggrieved by the notice, dated 14.06.2016, for forfeiture of bond for good behaviour in MC No.B/874/2016, issued by the Special Executive Magistrate, Hyderabad District.

It is the case of the prosecution that the petitioner executed a bond for good behavior for a period of one year before the Special Executive Magistrate on 04.06.2016 for a sum of Rs.80,000/-, invoking provisions under Section 110 Cr.P.C. Subsequently, the petitioner was involved in a similar crime, during the pendency of the bond period. Therefore, the Special Executive Magistrate, Hyderabad District, has issued the notice impugned requiring the petitioner to pay Rs.80,000/- as agreed upon by him or show cause as to why he should not be adjudged for imprisonment until such bond period expires, within seven days from the date of service of the notice. Hence, the present revision is filed.

Heard and perused the material available on record. Learned Counsel for the petitioner submitted that the petitioner never executed any bond for a sum of Rs.80,000/- for good behavior before the learned Magistrate and no proceedings were initiated under Section 110 Cr.P.C. and no order was passed under Section 111 Cr.P.C., and no summons or warrants were issued requiring the petitioner to appear as contemplated under Section 113 Cr.P.C. and no enquiry was conducted as to the truth or otherwise of the information received as contemplated under Section 116 Cr.P.C., and no final order was passed.

Considering the facts and circumstances of the case and the

submissions of the learned counsel for the petitioner, the Criminal Revision Case is disposed of with the following direction: "The notice under revision is set aside and the authority concerned is directed to conduct an enquiry with regard to the alleged offence committed by the petitioner. If it is found in the enquiry that the petitioner committed any offence subsequent to the execution of the bond alleged to have been executed by him, the authorities concerned are at liberty to pass appropriate orders. The consequential proceedings, if any, are also set aside."

Miscellaneous petitions pending, if any, shall stand closed. ______________ RAJA ELANGO, J July 12, 2016.

KTL