Telangana High Court

WP/42960/2015 of Eslavath Rajitha, Vs The State of Telangana, Home Department, on 31 December 2015

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SRI JUSTICE SANJAY KUMAR WRIT PETITION No.42960 of 2015 ORDER: The challenge in this writ petition is to the notice dated 27.11.2015 issued by the Executive Magistrate and Tahsildar, Geesugonda Mandal, Warangal District, the second respondent. By the said notice, the second respondent

THE HON’BLE SRI JUSTICE SANJAY KUMARWRIT PETITION No.42960 of 2015

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ORDER:

The challenge in this writ petition is to the notice dated27.11.2015 issued by the Executive Magistrate and Tahsildar,Geesugonda Mandal, Warangal District, the second respondent. Bythe said notice, the second respondent exercised powers underSection 122(b) Cr.P.C. and ordered the petitioner to pay a sum ofRs.50,000/-. This payment was directed in the context of the petitionerbeing bound over for good behaviour on 27.08.2015 for a like sum.

The impugned notice reflects that after being bound over, thepetitioner was implicated in COR No.587/2015-16 in relation to anoffence under Section 7(A) read with Section 8(e) of the AndhraPradesh Prohibition Act, 1995. Owing to the alleged involvement ofthe petitioner in the said offence, the second respondent concludedthat the petitioner committed breach of the bond furnished by himunder 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 notice dated 27.11.2015 isunsustainable 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.

___________________________

JUSTICE SANJAY KUMAR

31[st] December, 2015GJ

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