Telangana High Court

WP/42508/2015 of Karupakula Ramesh Vs The State of Telangana, Rep. by its Principal Secretary on 30 December 2015

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SRI JUSTICE SANJAY KUMAR WRIT PETITION No.42508 of 2015 ORDER: The challenge in this writ petition is to the notice dated 29.10.2015 issued by the Executive Magistrate, Kalwakurthy Mandal, Mahabubnagar District, the third respondent. By the said notice, the third respondent exercised

THE HON’BLE SRI JUSTICE SANJAY KUMARWRIT PETITION No.42508 of 2015

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ORDER:

The challenge in this writ petition is to the notice dated29.10.2015 issued by the Executive Magistrate, Kalwakurthy Mandal,Mahabubnagar District, the third respondent. By the said notice, thethird respondent exercised powers under Section 122(b) Cr.P.C. andordered the petitioner to pay a sum of Rs.1,00,000/-. This paymentwas directed in the context of the petitioner being bound over for goodbehaviour on 31.08.2015 for a like sum.

The impugned notice reflects that after being bound over, thepetitioner was implicated in COR No.861/2015-16 in relation to anoffence under Section 7(A) read with 8(c ) of APPA amended, 1995 &Clauses (3)(4)(iii) of the GUR (Jaggery) Regulation Use Order, 1968. Owing to the alleged involvement of the petitioner in the said offence,the third respondent concluded that the petitioner committed breach ofthe bond furnished by 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 notice dated 29.10.2015 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

30[th] December, 2015GJ

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