Gagulothu Reddy v. The State Of Telangana,

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No.22061 of 2016 ORDER:

The challenge in this writ petition is to the notice dated 17.06.2016 issued by the Executive Magistrate and Tahsildar, Kammarpally Mandal, Nizamabad - the second respondent. By the said notice, the second respondent exercised powers under the provisions of Section 122 of 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 11.03.2016 for a like sum.

The impugned notice reflects that after being bound over, the petitioner was implicated in COR No.51/2016 in relation to an offence under Section 7(A) read with Section 8(e) of the Prohibition Act, 1995. Owing to the alleged involvement of the petitioner in the said offence, the third respondent concluded that the accused 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 17.06.2016 is unsustainable and is therefore set aside.

Accordingly, 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 C.PRAVEEN KUMAR 08th July, 2016

Note:

Issue CC by tomorrow.

B/o.

VHB