Telangana High Court
WP/42620/2015 of Theretipally Ramesh Vs The State of Telangana, rep. by its Principal Secretary, on 30 December 2015
SRI JUSTICE SANJAY KUMAR WRIT PETITION No.42620 of 2015 ORDER: The challenge in this writ petition is to the notice dated 01.12.2015 issued by the Executive Magistrate, Devarakonda Mandal, Nalgonda District, the third respondent. By the said notice, the third respondent exercised powers
THE HON’BLE SRI JUSTICE SANJAY KUMARWRIT PETITION No.42620 of 2015
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ORDER:
The challenge in this writ petition is to the notice dated01.12.2015 issued by the Executive Magistrate, Devarakonda Mandal,Nalgonda District, the third respondent. By the said notice, the thirdrespondent 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 10.09.2015 for a like sum.
The impugned notice reflects that after being bound over, thepetitioner was implicated in COR No.490/2015-16 in relation to anoffence under Section 34(e) of TSPE Act, 1968, and Clauses 3 & 4 ofGUR (Jaggery) Regulation Use Order, 1968. 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.
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 01.12.2015 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.
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JUSTICE SANJAY KUMAR
30[th] December, 2015GJ