Motam Sammakka v. The State Of Telangana

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.69 OF 2016 ORDER:

The petitioner has preferred the present criminal revision case by invoking the provisions under Sections 397 and 401 of Code of Criminal Procedure (Cr.P.C.,) being aggrieved by the notice of forfeiture of Bond for Good Behaviour in M.C.No.8030 of 2015, 0dated 29.12.2015, issued by the Executive Magistrate and Tahsildar, Hanamkonda.

Heard and perused the material available on record. Learned counsel for the petitioner submits that the authorities concerned erroneously issued notice of forfeiture of bond for good behaviour requiring the petitioner to pay penalty of Rs.1,00,000/- or to show cause why the petitioner should not be adjudged for imprisonment till such bond period expires. Learned counsel for the petitioner submits that even though show cause notice is issued without any enquiry, the authorities concerned directed the petitioner to be remanded to judicial custody. Considering the facts and circumstances of the case, the petitioner herein is directed to give explanation on or before 05.02.

2016 and on such explanation, the Executive Magistrate and Tahsildar, Hanamkonda, is directed to conduct enquiry as per the provisions of the Code of Criminal Procedure and to pass appropriate orders. Till then, the impugned notice of failure of bond for good behaviour, dated 29.12.2015 is suspended. If the petitioner is aggrieved by the orders to be passed by the authorities concerned, he is at liberty to approach appropriate forum for appropriate relief.

With the above direction, the Criminal Revision Case is disposed of. Consequently, the miscellaneous petitions pending in this revision, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 19.01.2016 pln