High Court for State of TelanganaCRLRC/2616/2015disposed of no costs

G. Yadaiah, v. The State Of Telangana,

2015-12-01Raja Elango2 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO Crl.R.C.No.2616 of 2015

ORDER

This Criminal Revision Case is filed by the petitioneraccused against the complaint filed under Section 110 Cr.P.C on the file of the Executive Magistrate & Tahsildar, Balanagar Mandal, Ranga Reddy District, as well as the consequential notice dated 19.10.2015 for forfeiture of bond for good behaviour and payment of penalty of Rs.1,00,000/- vide Case No.305 /2015-16, dated 18.10.2015.

2. The Prohibition and Excise Inspector, Balanagar Police Station, lodged a complaint before the Executive Magistrate & Tahsildar, Balanagar, Ranga Reddy District, alleging that the petitioner was selling illicitly distilled liquor after imposition of prohibition and therefore prayed to bind over him for a period of six months for good behaviour. As per the orders, the petitioner was binded over under Section 110 Cr.P.C. for good behaviour for a period of six months for an amount of Rs.1,00,000/-. Since the petitioner committed breach of bond by committing another crime, the Executive Magistrate and Thasildar, Balanagar Mandal, Ranga Reddy District, issued a notice dated 19.10.2015 for forfeiture of bond for good behaviour and directing him to pay Rs.1,00,000/- within seven days from the date of receipt of the notice.

3. Learned counsel for the petitioner contends that if at all the petitioner commits breach of bond, an enquiry has to be conducted by giving reasonable opportunity to him and that the order under revision has been passed without giving any opportunity to the

petitioner, and therefore, the same is not sustainable.

4. Having heard the learned counsel for the petitioner and the learned Public Prosecutor, and perusing the record, this Court is of the view that this Criminal Revision Case can be disposed of by the following order:

The authority concerned is directed to conduct an enquiry to substantiate the fact that the petitioner has violated the conditions of the bond. After conducting such enquiry, the authority concerned shall pass appropriate orders in accordance with law.

5. The Criminal Revision Case is accordingly disposed of. Miscellaneous petitions, if any, pending shall stand closed. _____________________ JUSTICE RAJA ELANGO 1st December, 2015 sj