Banala Bhaskar v. -

HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL REVISION CASE NO.1119 OF 2016 ORDER:

This Criminal Revision Case is filed under Sections 397 and 401 of Cr.P.C., challenging the order dated 11.02.2016 passed in M.C.No.911 of 2015 by the Executive Magistrate, Geesugonda, Warangal District.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent (TS).

3. On 11.02.2016, the Executive Magistrate, Geesugonda, Warangal District, passed the following order. "Whereas on the 2nd day of November, 2015 you have entered into a bond of security for Good Behaviour for a period of (6) months and bound yourself in default thereof to forfeit the sum of Rs.1,00,000/- to the Government and whereas you have been committed a Breach of Bond by committing an offence under Section 7 (A) r/w 8 (e) of Prohibition Act in crime case No.COR 18 of 2016, dated 27-01-2016 of Prohibition & Excise Station, Warangal Rural.

You are hereby required to pay the said penalty of Rs.1,00,000/- or show cause within seven (7) days why you should not be adjudged for imprisonment until such bond period expires."

4.

A perusal of the record clearly reveals that the learned Executive Magistrate directed the petitioner to pay penalty of Rs.1,00,000/-. It is settled law that no quasi or judicial order can be passed without affording reasonable opportunity to the affected party. Passing of any order without giving reasonable opportunity to the affected party, would amount to violation of principles of natural justice. Admittedly, in the instant case, the order is being passed by the Executive Magistrate, without giving any opportunity to the petitioner leave apart non-following the procedure as contemplated under

the Code of Criminal Procedure. If the order is allowed to stand, it would amount to miscarriage of justice. If there is any illegality or irregularity or impropriety in the orders passed by the lower authority, this court can set aside the same by exercising the revisional jurisdiction under Section 397 Cr.P.C. 5.

Having regard to the facts and circumstances of the case, the impugned order dated 11.02.2016 passed in M.C.No.911 of 2015, is set aside and the learned Executive Magistrate is hereby directed to pass appropriate orders in accordance with law, after affording reasonable opportunity to the petitioner.

6.

Accordingly, the Criminal Revision Case is allowed. Miscellaneous petitions, if any pending in this case, shall stand closed.

________________________ T.SUNIL CHOWDARY, J DATED: 07-12-2016.

Hsd