Telangana High Court

WP/42876/2015 of C. Raju Naik, Vs The State of Telangana, Rep. by its Principal Secretary, on 31 December 2015

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SRI JUSTICE SANJAY KUMAR WRIT PETITION No.42876 of 2015 ORDER: The challenge in this writ petition is to the notice dated 26.10.2015 issued by the Executive Magistrate cum Tahsildar, Mahabubnagar Mandal, Mahabubnagar District, the second respondent. By the said notice, the second

THE HON’BLE SRI JUSTICE SANJAY KUMAR

WRIT PETITION No.42876 of 2015

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ORDER:

The challenge in this writ petition is to the notice dated26.10.2015 issued by the Executive Magistrate cum Tahsildar,Mahabubnagar Mandal, Mahabubnagar District, the secondrespondent. By the said notice, the second respondent exercised powers under Section 122(b)Cr.P.C. and ordered one Katravath Surekha, W/o.Venkat, who isstated to be well acquainted with the petitioner, to pay a sum ofRs.1,00,000/-. This payment was directed in the context of the saidKatravath Surekha being bound over for good behaviour on08.10.2015 for a like sum.

2. The impugned notice reflects that after being bound over, thesaid Katravath Surekha was implicated in COR No.925/2015-16 inrelation to an offence under Section 7-A read with Section 8(e) of theA.P. Prohibition Act, 1995. Owing to her alleged involvement in thesaid offence, the second respondent concluded that she committed breach of thebond furnished by her under Section 110 Cr.P.C.

3. This Court is of the opinion that mere arraignment in an offencecannot be taken to be a conviction whereby it could be said that theaccused had committed a breach of the bond furnished by her formaintaining good behaviour.

4. Thus, on this count, the impugned notice dated 26.10.2015 isunsustainable and is therefore set aside. As a consequence, thedetention of Katravath Surekha owing to the failure to pay the amountof penalty would also be rendered illegal.

The writ petition is allowed. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as tocosts.

December 31, 2015Note:- Furnish copy today.{B/o}LMV

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JUSTICE SANJAY KUMAR

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