Lavudya Hiramani W/O. Late Hathiram v. The State Of Telangana

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.42563 of 2015 ORDER:

The challenge in this writ petition is to the proceedings dated 16.12.2015 issued by the Mandal Executive Magistrate and Tahsildar, Kothagudem 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 10.12.2015 for a like sum.

The impugned proceedings reflect that after being bound over, the petitioner was implicated in COR No.966/2015-16 in relation to an incident which occurred on 14.12.2015.

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.

Having received instructions in the matter, the learned Assistant Government Pleader for Excise conceded that no enquiry was conducted under Section 117 Cr.P.C. before exercise of powers under Section 122 Cr.P.C. That apart, 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 counts more than one, the impugned proceedings dated 16.12.2015 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 30th December, 2015 GJ