High Court for State of TelanganaCRLP/3461/2016allowed no costs

Urla Nagamani v. State Of Ap.

2016-03-15Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3461 of 2016 ORDER:

1. This Criminal Petition is filed by the petitioner under Section 482 Cr.P.C. seeking to quash the proceedings against her in M.C.No.21 of on the file of the Mandal Executive Magistrate, Rajamahendravaram Rural, East Godavari District.

2. It is the case of the prosecution that the petitioner entered into a bond for good behavior for a period of six months before the Mandal Executive Magistrate on 11.2.2016 for a sum of Rs.2,00,000/-. Subsequently, it was reported that the petitioner committed an offence punishable under Section 7(A) r/w 8(e) of the A.P. Prohibition Act. Basing on the said report, the learned Mandal Executive Magistrate having come to the conclusion that the petitioner violated the bond, issued notice of forfeiture directing the petitioner to pay penalty of Rs.2,00,000/- i.e., the amount of bond, within 15 days or to show a cause. Aggrieved by the said order, the petitioner filed this petition.

3. Heard and perused the material available on record.

4. Learned Counsel for the petitioner submitted that the learned Magistrate has not followed the procedure and that the provisions of Section 122 (b) Cr.P.C. can be invoked to arrest any person, who breached his bond executed under Section 117 Cr.P.C. and that the petitioner has not executed any bond under Section 117 Cr.P.C. and that the learned Magistrate erred in enforcing the bond alleged to have been executed by the petitioner under Section 110 Cr.P.C.

5. Considering the facts and circumstances of the case and the submissions made by the learned Counsel for the petitioner, this Court is of the view that it is a fit case to quash the proceedings in the above

M.C.

6. Accordingly, the Criminal Petition is allowed setting aside the proceedings against the petitioner in M.C.No.21 of 2016 on the file of the Mandal Executive Magistrate, Rajamahendravaram Rural, East Godavari District. Consequently, miscellaneous petitions pending, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO Dated: 15th March, 2016 Nn THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.3461 of 2016 15.3.2016 Nn