Nalajala Ramana, v. The State Of Telangana

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.2490 of 2016 ORDER:

The challenge in this writ petition is to the proceedings dated 07.01.2016 issued by the Tahsildar and Mandal Executive Magistrate, Burgampahad Mandal, Khammam District, the third respondent. By the said proceedings, the third respondent exercised powers under Section 122(b) 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 04.12.2015 for a like sum.

The impugned proceedings reflect that after being bound over, the petitioner was implicated in COR No.728/2015-16 in relation to an incident which occurred on 28.12.2015.

Owing to the alleged involvement of the petitioner in the said offence, the third respondent concluded that the petitioner 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 proceedings dated 07.01.2016 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 29.01.2016 GJ