Pilli Narasaiah v. The State Of Telangana

DATE: 10.04.2019 Between :

Pilli Narasaiah, s/o. Pilli Rajaiah, Aged about 42 years, occu: Agriculture, r/o. H.No.2-8, Porandla Village, Thimmapur Mandal, Karimnagar District.

.... Petitioner and The State of Telangana, Rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad & others.

....Respondents This court made the following :

- 2 - ORDER:

The challenge in this writ petition is to the notice dated 29.03.2019 issued by the Tahsildar/Executive Magistrate, Thimmapur Mandal, Karimnagar District (2nd 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 petitioner being bound over for good behaviour on 09.10.2018 for a like sum.

2.

The impugned notice reflects that after being bound over, the petitioner was implicated in Crime No.112 of 2019 in relation to an offence under Section 34(a) of A.P.Excise Act, 1968. Owing to the alleged involvement of the petitioner in the said offence, the second respondent concluded that the petitioner committed breach of the bond furnished by him under Section 107 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 107 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.

- 3 - 4.

Thus, on counts more than one, the impugned notice dated 29.03.2019 is unsustainable and is therefore set aside. 5.

The Writ Petition is disposed of. Pending miscellaneous petitions shall stand closed.

____________________________ JUSTICE P.NAVEEN RAO Date: 10.04.2019 Kkm

- 4 - DATE: 10.04.2019 kkm