Telangana High Court

WP/42837/2015 of Smt. Bhanoth Servi, Vs The State of Telangana, on 31 December 2015

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SRI JUSTICE SANJAY KUMAR WRIT PETITION No.42837 of 2015 ORDER: The challenge in this writ petition is to the proceedings dated 16.12.2015 issued by the Tahsildar & Mandal Executive Magistrate, Kothagudem, Khammam District, the fourth respondent. By the said proceedings, the fourth

THE HON’BLE SRI JUSTICE SANJAY KUMAR

WRIT PETITION No.42837 of 2015

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ORDER:

The challenge in this writ petition is to the proceedings dated16.12.2015 issued by the Tahsildar & Mandal Executive Magistrate,Kothagudem, Khammam District, the fourth respondent. By the saidproceedings, the fourth respondent exercised powers under Section122(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 beingbound 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.967/2015-16 in relation to anincident which occurred on 14.12.2015. Owing to the allegedinvolvement of the petitioner in the said offence, the fourth respondentconcluded that the petitioner committed breach of the bond furnishedby him under Section 110 Cr.P.C.

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

Thus, on this count, the impugned proceedings dated16.12.2015 is unsustainable and is therefore set aside.

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

31[st] December, 2015GJGJ

____________________

JUSTICE SANJAY KUMAR

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