Telangana High Court
WP/42563/2015 of Lavudya Hiramani W/o. late Hathiram Vs The State of Telangana on 30 December 2015
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
THE HON’BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No.42563 of 2015
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER:
The challenge in this writ petition is to the proceedings dated16.12.2015 issued by the Mandal Executive Magistrate and Tahsildar,Kothagudem Mandal, Khammam District, the third respondent. By thesaid proceedings, the third respondent exercised powers underSection 122(b) Cr.P.C. and ordered the petitioner to pay a sum ofRs.1,00,000/-. This payment was directed in the context of thepetitioner being bound over for good behaviour on 10.12.2015 for alike sum.
The impugned proceedings reflect that after being bound over,the petitioner was implicated in COR No.966/2015-16 in relation to anincident which occurred on 14.12.2015. Owing to the allegedinvolvement of the petitioner in the said offence, the third respondentconcluded that the petitioner committed breach of the bond furnishedby him under Section 110 Cr.P.C.
Having received instructions in the matter, the learned AssistantGovernment Pleader for Excise conceded that no enquiry wasconducted under Section 117 Cr.P.C. before exercise of powers underSection 122 Cr.P.C. That apart, this Court is of the opinion that merearraignment in an offence cannot be taken to be a conviction wherebyit could be said that the petitioner had committed a breach of the bondfurnished by him for maintaining good behaviour.
Thus, on counts more than one, the impugned proceedingsdated 16.12.2015 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.
30[th] December, 2015GJ
____________________
JUSTICE SANJAY KUMAR