The court quashed a notice under S. 122(b) Cr.P.C. ordering the petitioner to pay a fine, holding that mere arraignment in an offence does not amount to a conviction for breach of a good behaviour bond. The writ petition was allowed.
Impugned notice dated 12.03.2019 set aside; writ petition allowed; pending miscellaneous petitions closed.
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THE HONOURABLE SRI JUSTI CE SANJAY KUMAR
WRI T PETI TI ON NO.5417 OF 2019
O R D E R
The challenge in this writ petition is to the notice dated 12.03.2019 issued by the Executive Magistrate, Kaghaznagar Mandal, Asifabad 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 22.01.2018 for a like sum.
The impugned notice reflects that after being bound over, the petitioner was implicated in Crime No.111 of 2018 on the file of Kaghaznagar Town Police Station in relation to the offences under Sections 273 and 188 IPC and Section 20(2) read with Section 7(2) of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. Owing to the alleged involvement of the petitioner in the said offences, the third respondent concluded that the petitioner committed breach of the bond furnished by him under Section 110 Cr.P.C.
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.
Thus, on this count, the impugned notice dated 12.03.2019 is unsustainable and is therefore set aside.
The writ petition is allowed. Pending miscellaneous petitions shall stand closed in the light of this final order. No order as to costs.
_______________ SANJAY KUMAR, J
14th MARCH, 2019 Svv
2
1 issue framed by the court
Whether mere arraignment in an offence constitutes a conviction for the purpose of establishing a breach of a bond for good behaviour.
2 provisions across 1 enactments
Petitioner
Executive Magistrate, Kaghaznagar Mandal, Asifabad District
Sanjay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
