Bomma Narsimha Reddy v. The State Of Teiangana,

THE HON'BLE SRI JUSTICE C.PRAVEEN KUMAR WRIT PETITION No.18419 of 2016 ORDER:

The challenge in this writ petition is to the notice dated 27.05.2016 issued by the Executive Magistrate, Malhar Rao Mandal, Karimnagar District - the third respondent. By the said notice, the third respondent exercised powers under the provisions of Section 122 of 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 18.12.2015 for a like sum. The impugned notice reflects that after being bound over, the petitioner was implicated in COR No.334/2016 in relation to an offence under Section 34(e) of the Prohibition Act, 1968. Owing to the alleged involvement of the petitioner in the said offence, the third respondent concluded that the accused 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 notice dated 27.05.2016 is unsustainable and is therefore set aside.

Accordingly, 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 C.PRAVEEN KUMAR 10th June, 2016 vhb