Ganapavarapu Sambasiva Rao Vs The State of Andhra Pradesh

THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.12162 of 2016

ORDER:

The challenge in this writ petition is to the notice dated 25.02.2016 issued by the Executive Magistrate, Musunuru Mandal, Krishna District, the third respondent. By the said notice, the third respondent exercised powers under Section 122(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 being bound over for good behaviour on 25.02.2016 for a like sum.

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The impugned notice reflects that after being bound over, the petitioner was implicated in COR No.1080/2015-16 dated 26.02.2016 in relation to an offence under Section 7(A) read with Section 8(e) of the A.P.P. Act, and Section 50-A of the A.P. Excise Act, 1968. Owing to the alleged involvement of the petitioner in the said offence, the third respondent concluded that the petitioner committed breach of the bond furnished by him under Section 110 Cr.P.C.

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This Court is of the opinion that mere arraignment in an offence cannot be taken to be a conviction whereby it could be said that the petitioner had committed a breach of the bond furnished by him for maintaining good behaviour.

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Thus, on this count, the impugned notice dated 25.02.2016 is unsustainable and is therefore set aside.

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The writ petition is allowed. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

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Date:13.04.2016 GJ/PGS

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____________________ JUSTICE SANJAY KUMAR

Ganapavarapu Sambasiva Rao v. The State of Andhra Pradesh

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Ganapavarapu Sambasiva Rao v. The State of Andhra Pradesh

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