High Court · 2025

The State of Telangana, Rep., by Public Prosecutor, High Court For the State of Telangana at Hyderabad The Executive Magistrate-cum-Tahsildar, Geesugonda (M), Warangal District The Station House Officer, ParkalProh. and Excise station, Warangal District. ]he Superintendent of District Prison for woman, At Narsampet, Warangal District ...RESPONDENTS Petition under Section 528 of BNNS praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to quash the proceedings in warrant in MC. No. 13312025, dated 11- 04-2025, on the file of the Executive t\/agistrate and Tahsildar, Geesugonda Mandal, Warangal District, and subsequenfly direct the 4th respondeni- the superintendent of .District Prison for women at Narsampet, warangal District to forthwith release the Petitioner l.A. NO: 2OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition,the High Court may be pleased to direct the 4th respondent- the superintendent of District prison for woman, at Narsampet, Warangal District to forthwith release the petitioner i.e_, Gurram Devi, W/o. Late Babu, from the District prison, Warangal in relation to proceedings in warrant in MC. No. 13312025, Dated 1 1-04-2025 on the file of The Executive Magistrate &Tahsildar, GeesugondaMandal, warangal District till the disposal of the Quash Petition in the interest of the justice '7 This Petition comrng on for hearing,upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri LAXfu1AIAH KANCHANI ,Advocate for the Petitioner and the Additional public prosecutor v Jithender Rao on behalf of the Respondent No1 . And none appear for the Respondent No 2 to 4. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITIoN No.5360 OF 2025 ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 ('for short 'BNSS, 2023'), seeking quashment of the proceedings in warrant in M.C.No.133/2025, daled 11.04.2025 passed by the Mandal Executive Magistrate & Tahsildar, Geesugonda Mandal, Warangal District, against the petitioner.

2. Heard Mr.Laxmaiah Kanchani, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor, representing the respondent No.1 .

3. ln the impugned proceedings, the petitioner has been committed to prison under a warrant for breach of bond for good behaviour executed under Section 122 (1) (b) of Cr.P.C.

4. Learned counsel for the petitioner would submit that the petitioner has been committed to prison without there being an opportunity of explanation/hearing and taken into custody by executing the warrant on

11.04.2025. Further, pleaded that mere registration of crime, without there being any conclusive findings, committing the petitioner on the ground of breach of bond is untenable. Further, the 2nd respondent has not followed the procedure laid down under BNSS in conducting enquiry 2 ,\.1&/ Crl.PNo 5160 aJ2025 -\4.1 *;' ;;i and recording the evidence to ascertain the information and also not issued any notice or not given any opportunity to the petitioner before passing orders under Section 141 of BNSS. Furthermore pleaded that this Court, having considered the cases of the other petitioners, who were in similar stand, had quashed the proceedings for not provlding the due opportunity and in absence of any conclusive material as to breach of bond. Thr"rs, prayed for interference and quashment of the proceedings.

5. Learned Additional Public Prosecutor would submit that the Executive Maq istrate upon following due procedure had issued the warrant upon registration of COR and taking the report of the Station House Officer Prohibition and Excise Station datecl 11.04.2025 inio account the petitioner was sent to prison for breach of bond.

6. I have perused the materials on record.

7. The petitioner is not disputing the fact of execution of bond over good behaviour for a period of two years for a sum of Rs.2,00,0001 , with a surety, before the Mandal Executive Magistrate, Geesugonda. Further, as per the report of the Station House Officer, prohibition and Excise Station, dated 11.04.2025, the COR has been registered against the petitioner al eging possession and trading of illicit liquor. Basing on such report, Tahsildar and Mandal Executive Magistrate proceeded with 3 A'IRJ Crl.P.No. 5360 of 2025 the notice for forfeiture of bond for good behaviour. Though the prosecution has pleaded that due procedure has been followed, there is no material indicating proper service of notice. Thus, it is apparent on \ the face of the record that the authority has passed the impugned order in haste without following due process. That apart, earlier this Court has taken the view that mere allegation of commission of offence cannot be a conclusive fact to hold that the petitioneriaccused has committed breach of bond, unless the guilUcharge of the offence has been proved before the competent Court. ln that view, the conclusion drawn by the Executive Magistrate for forfeiture of bond is untenable and unsustainable. B. For the aforesaid reasons, the Criminal Petition is liable to be allowed and the impugned warrant dated 1 1.04.2025 passed by the Executive Magistrate & Tahsildar, Geesugonda Mandal, is hereby set aside. However, it is needless to say that, the authority would be at liber:ty to take steps, if required, at appropriate stage, in accordance with law.

9. As the impugned order/warrant is set aside, the petitioner shall be set at liberty. The 4th respondent-Superintendent of District Prison for Women, at Narsampet, Warangal District, is directed to release the petitioner forthwith. 4 ^.r&/ Crl.P.No. i)60 o12025

10. With this observation, the Criminal Petition is allowed Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// sD/- A.v.s.PRA/AD DEPUTY REGIS/RAR SECTIO -V FICER To,

1. The Executive lvlagrstrate-cum-Tahsildar, Geesugonda (iI), Warangal District 2. The Station Ho rse Offrcer, ParkalProh. and Excise station, Warangal District. 3. The Superintendent of District Prison for woman, At Narsampet, Warangal District

4. One CC to SR tAXtvlAlAH KANCHANI Advocate [OPlJr3] 5 One CC to SRI V Jithender Rao ADDITIONAL PUBLIC PROSECUTOf. Advocate [OPUC] 6 Two CD Copies AG/gh HIGH COURT DATED:1710412025 ORDER CRLP.No.5360 of 2025 CRLP IS ALLOWED 1rI\r/ 4re a- :) ;I? APB ZM ()' ]. ! -,1 1': :/

The State of Telangana, Rep., by Public Prosecutor, High Court For the State of Telangana at Hyderabad The Executive Magistrate-cum-Tahsildar, Geesugonda (M), Warangal District The Station House Officer, ParkalProh. and Excise station, Warangal District. ]he Superintendent of District Prison for woman, At Narsampet, Warangal District ...RESPONDENTS Petition under Section 528 of BNNS praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to quash the proceedings in warrant in MC. No. 13312025, dated 11- 04-2025, on the file of the Executive t\/agistrate and Tahsildar, Geesugonda Mandal, Warangal District, and subsequenfly direct the 4th respondeni- the superintendent of .District Prison for women at Narsampet, warangal District to forthwith release the Petitioner l.A. NO: 2OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition,the High Court may be pleased to direct the 4th respondent- the superintendent of District prison for woman, at Narsampet, Warangal District to forthwith release the petitioner i.e_, Gurram Devi, W/o. Late Babu, from the District prison, Warangal in relation to proceedings in warrant in MC. No. 13312025, Dated 1 1-04-2025 on the file of The Executive Magistrate &Tahsildar, GeesugondaMandal, warangal District till the disposal of the Quash Petition in the interest of the justice '7 This Petition comrng on for hearing,upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri LAXfu1AIAH KANCHANI ,Advocate for the Petitioner and the Additional public prosecutor v Jithender Rao on behalf of the Respondent No1 . And none appear for the Respondent No 2 to 4. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITIoN No.5360 OF 2025 ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 ('for short 'BNSS, 2023'), seeking quashment of the proceedings in warrant in M.C.No.133/2025, daled 11.04.2025 passed by the Mandal Executive Magistrate & Tahsildar, Geesugonda Mandal, Warangal District, against the petitioner.

2. Heard Mr.Laxmaiah Kanchani, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor, representing the respondent No.1 .

3. ln the impugned proceedings, the petitioner has been committed to prison under a warrant for breach of bond for good behaviour executed under Section 122 (1) (b) of Cr.P.C.

4. Learned counsel for the petitioner would submit that the petitioner has been committed to prison without there being an opportunity of explanation/hearing and taken into custody by executing the warrant on

11.04.2025. Further, pleaded that mere registration of crime, without there being any conclusive findings, committing the petitioner on the ground of breach of bond is untenable. Further, the 2nd respondent has not followed the procedure laid down under BNSS in conducting enquiry 2 ,\.1&/ Crl.PNo 5160 aJ2025 -\4.1 *;' ;;i and recording the evidence to ascertain the information and also not issued any notice or not given any opportunity to the petitioner before passing orders under Section 141 of BNSS. Furthermore pleaded that this Court, having considered the cases of the other petitioners, who were in similar stand, had quashed the proceedings for not provlding the due opportunity and in absence of any conclusive material as to breach of bond. Thr"rs, prayed for interference and quashment of the proceedings.

5. Learned Additional Public Prosecutor would submit that the Executive Maq istrate upon following due procedure had issued the warrant upon registration of COR and taking the report of the Station House Officer Prohibition and Excise Station datecl 11.04.2025 inio account the petitioner was sent to prison for breach of bond.

6. I have perused the materials on record.

7. The petitioner is not disputing the fact of execution of bond over good behaviour for a period of two years for a sum of Rs.2,00,0001 , with a surety, before the Mandal Executive Magistrate, Geesugonda. Further, as per the report of the Station House Officer, prohibition and Excise Station, dated 11.04.2025, the COR has been registered against the petitioner al eging possession and trading of illicit liquor. Basing on such report, Tahsildar and Mandal Executive Magistrate proceeded with 3 A'IRJ Crl.P.No. 5360 of 2025 the notice for forfeiture of bond for good behaviour. Though the prosecution has pleaded that due procedure has been followed, there is no material indicating proper service of notice. Thus, it is apparent on \ the face of the record that the authority has passed the impugned order in haste without following due process. That apart, earlier this Court has taken the view that mere allegation of commission of offence cannot be a conclusive fact to hold that the petitioneriaccused has committed breach of bond, unless the guilUcharge of the offence has been proved before the competent Court. ln that view, the conclusion drawn by the Executive Magistrate for forfeiture of bond is untenable and unsustainable. B. For the aforesaid reasons, the Criminal Petition is liable to be allowed and the impugned warrant dated 1 1.04.2025 passed by the Executive Magistrate & Tahsildar, Geesugonda Mandal, is hereby set aside. However, it is needless to say that, the authority would be at liber:ty to take steps, if required, at appropriate stage, in accordance with law.

9. As the impugned order/warrant is set aside, the petitioner shall be set at liberty. The 4th respondent-Superintendent of District Prison for Women, at Narsampet, Warangal District, is directed to release the petitioner forthwith. 4 ^.r&/ Crl.P.No. i)60 o12025

10. With this observation, the Criminal Petition is allowed Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// sD/- A.v.s.PRA/AD DEPUTY REGIS/RAR SECTIO -V FICER To,

1. The Executive lvlagrstrate-cum-Tahsildar, Geesugonda (iI), Warangal District 2. The Station Ho rse Offrcer, ParkalProh. and Excise station, Warangal District. 3. The Superintendent of District Prison for woman, At Narsampet, Warangal District

4. One CC to SR tAXtvlAlAH KANCHANI Advocate [OPlJr3] 5 One CC to SRI V Jithender Rao ADDITIONAL PUBLIC PROSECUTOf. Advocate [OPUC] 6 Two CD Copies AG/gh HIGH COURT DATED:1710412025 ORDER CRLP.No.5360 of 2025 CRLP IS ALLOWED 1rI\r/ 4re a- :) ;I? APB ZM ()' ]. ! -,1 1': :/