← Library
High Court for State of TelanganaWP/25890/2016allowed no costs

Mr.Pandu Emanuel Vijaya Kumar v. State Of Telangana,

2016-09-27M.S.Ramachandra Rao2 pages

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO WP.No.25890 of 2016 ORDER :

Heard the counsel for petitioner, and the learned Government Pleader for Home (Telangana), for respondents. 2.

The petitioner has assailed in this Writ Petition order dt.10.02.2014 in M.C.No.3 of 2014, issued by 2nd respondent under Section 111 of Criminal Procedure Code.

3.

Under the said order, the 2nd respondent stated that there is apprehension of breach of peace and disturbance to public from petitioner and others, and directed them to show-cause why they should not be ordered to execute bonds with sureties for like sum of Rs.25,000/- each in order keep peace for a period of one year. 4.

The petitioner contends that the period of one year mentioned in the said order expired on 09.02.2015, and it is not open to 3rd respondent to continue the said proceedings and call the petitioner to the office of 2nd respondent on every adjournment without assigning any reason.

5.

The learned Government Pleader for Home (Telangana), appearing for respondents, does not dispute the fact that proceedings initiated under Section 107 of Cr.P.C. would not survive for a period exceeding one year.

MSR,J wp_25890_2016 ::2::

6.

Since admittedly, the period of one year fixed in the impugned proceeding has expired, it is not open to respondents to continue to summon petitioner to the office of 2nd respondent on every adjournment of the said M.C. which itself is deemed to have become infructuous on 09.02.2015.

7.

Accordingly, the Writ Petition is allowed. No order as to costs. 8.

As a sequel, miscellaneous petitions pending if any in this Writ Petition, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 27-09-2016 Ndr/*