Shaik Basheer v. The State Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.13026 of 2016 ORDER:

The challenge in this writ petition is to the notice issued in M.C.No.14 of 2016 by the Mandal Executive Magistrate and Tahsildar, Nuzvid Mandal, Krishna District, the third respondent. By the said notice, the third respondent exercised powers under Section 122(b) Cr.P.C. and ordered the petitioner to pay a sum of Rs.3,00,000/-. This payment was directed in the context of the petitioner being bound over for good behaviour on 12.02.2016 for a like sum. The impugned notice reflects that after being bound over, the petitioner was implicated in an excise offence as per the report dated 26.03.2016 of the Station House Officer, Prohibition and Excise Station, Nuzvid.

Owing to the alleged involvement of the petitioner in the said offence, the third respondent concluded that he 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 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 20th April, 2016 PGS/IBL