Karnati Srinivas v. The State of Telengana,
Court: High Court for State of Telangana
Bench: P NAVEEN RAO
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2020-12-15. Karnati Srinivas v. The State of Telengana,. Read the judgment and case details on LawSphereX.
Judgment text
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) TUESDAY, THE FIFTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY PRESENT HONOURABLE SRI JUSTICE P, NAVEEN RAO WRIT PETITION NO: 38473 OF 2016 Between: Karnati Srinivas, S/o. Sri Ramulu, Aged about 45 Years, Occ: Business, R/o. Devarakonda, Nalgonda District. ,,. PETITIONER AND 1. The State of Telangana, rep. by it's Principle Secretary, Excise Department, Secretariat Buildings, Hyderabad. 2. The Executive Magistrate and Tahsildar, Devarakonda Mandal, Nalgonda District. 3. The Station House Officer, Prohibition and Excise Station, Devarakonda P. S. , Nalgonda District. ,,. RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated ln the affidavit filed therewith, the High Court may be pleased to issue a Writ or order or direction more particularly one in the nature of Writ of lt/andamus declaring the lmpugned Notice in M. C. No. 4035/4/2016, dt.
16-09-2016 issued by the 2nd Respondent as illegal, arbitrary, unjust, contrary to the provisions of Criminal Procedure Code and Violative of Principles of Natural Justice, U ncon stitutio na I and consequently set-aside the same. WPMP. NO: 47408 OF 2016 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay of all further proceedings in pursuance of the impugned notice in M. C. No. 40351A12016, dt. 16-09-2016 issued by the 2nd Respondent, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI NOOKA JAGANNADHAM (not present) Counsel for the Respondents: AGP FOR PROHIBITION & EXCISE The Court made the following: ORDER -2 HONOURABLE SRI JUSTICE P. NAVEEN RAO ltr RIT PETITION NO. 38473 of 2016 ORDER: No representation for the petitioner. 2. Heard learned Assistant Government Pleader for Prohibition and Excise. 3.
In this writ petition petitioner challenges the notice dated 16. O9 . 2016 to forfeit the bond for good behaviour. 4. The said notice was issued on the ground that petitioner in violation of bond of good behaviour was involved in another crime. Therefore, he was directed to pay a penalty of Rs. 1,00,000/- or to show cause why he should not be adjudged for imprisonment until such bond period expires. 5. From the reading of the impugned notice, it is seen that no prior opportunity was given to the petitioner to explain his stand before ordering forfeiture of the amount furnished by him earlier. That apart, the reason assigned for forfeiture is alleged involvement of the petitioner in a crime. Mere involvement in a crime would not by itself constitute breach of bond furnished by the petitioner, as it cannot be treated on par with conviction. Thus, on both counts i. e. , on facts and in 1aw, the impugned notice dated 16. 09. 2016 is unsustainable.
Accordingly, the impugned notice is set aside and the Writ Petition is allowed. No costs. However, it is made clear that this order would not preclude the authorities in proceeding in the matter in future in accordance with law, if J- warrants. Miscellaneous petitions, if any pending, sha11 stand closed. SD/. M. RAMANA KRIS ASSISTANT REG //TRUE COPY// SEC N OFFICER To, 1. The Principal Secretary, Excise Department, State of Telangana, Secretariat Buildings, Hyderabad. 2. The Executive lt4agistrate and Tahsildar, Devarakonda Mandal, Nalgonda District. 3. The Station House Officer, Prohibition and Excise Station, Devarakonda P. S. , Nalgonda District. 4. One CC to Sri. Nooka Jagannadham, Advocate [OPUC] 5. Two CCs to GP for Prohibition & Excise, High Court for the State of Telangana. [OUT] 6. Two C. D. Copies r Prk A(,- HIGH COURT DATED:1511212O2O ORDER 24 DEC 2U0 WP. No. 38473 of 2016 Allowing the WP. without costs. g,i$i. l qr\'t-* )r
Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.