High Court · 2025

...RES'.NDENTS Petition under Article 226 of the Constitution of lndia praying that in the filed therewith' the High Court may'. be circumstances stated in ii" pleased to issue oro"r. o,'Jii"Jiion rnor." particularly one in the nature of writ of 2 and 3 in the issuing the mandamus to declare tn" l"tiont oi resp'ondents ir"prg;;J ""tr* in H/I.c uo. da itzozz dated 03.06.2025 directing the petitioner toremitthesecurity,,no,nt-ot_s0,000/.interferingwiththepetitionerslifeand liberty by calting to tne potice tt"tion in crime No' 256 OF 2024 of PS Masabtank as illegal, arbitrary, unt"i, u]li uoiiutiui ot articles 14' 19 and 21 of constitution of lndia and consequentlv ;;p;;-lh; notice in M 0 No 08 of 2023 dated 03.06.2025 issued by the respondent No 2 "tfiJ"it -No IA NO: 10F 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fited in support"of if," p"titior,in9"ffi9f, Court may be plea_sed^to grant stay of all further pro"""a"ing"-t!-in".ry919".11 I\tl'C' No' 08 of 2023' dated oltlo.zozs pending disposal of the main Wit Petition' Counsel for the Petitioner: SRI L'RAM SINGH Count"f forthe Respondents: GP FOR HOME The Court made the following: ORDER rHE HON'BLE SRI JUSTICE T. VINOD KIJMAR Wr tP iti N 17 94 f2 5 ORDER Heard le,lr red counsel for the petitioner, learned Go\,,ernment Pleader for lonre appearing for respondent Nos.1 to 3, and ,,,rrith the consent of re'.r'.ed counser appearing for the parties, the wril petition '^e is taken up fc:r hr::.ing and disposal at the admission stage, 2. The casr: o,, the petitioner. in brief, is that, the 2nd resltondent authority by is:;r_,irg notice in M.C.No.B of 2023, dt.03.06..2025, under Section 446 Cr.p rl (491 BNSS, 2023) has called upon fhe petitioner to pay the bond ancrtrnt of Rs.50,000/_ executed by him pursuant tr1 feuft order dt.05.02.202t for keeping peace for a period of one year claiming that he has brr:ach:J the bond condition. 3' petitionrr frr r*rsr 6en1..6s that, in the said notice it is craim,:rd that the petitioner, s,ts;(!uent to the execution of the aforesaid bcnd having involved himself in commission of offence, vide Crime No.256 ot 2024 dt.09'08.2024, anc irsi such, having breached the bond executed b,r him, is liable to parr rlr: :ond amount of Rs.50,000/-, which dctron r.rf the 2nd respondent. a rJt f tority it is contended as illegal, arbitrary, rtnfa r and violative of Artick:s l,+, 19 and 21 of the Constitution of India, vrrith a consequentiar d re'ctrc rr the respondents-authorities to suspr:nd the notice in M.C.No.08 of 202:i Ct.03.06.2025. \-\\ ---.,l 2

4.Percontra,learnedGovernmentPleaderforHomeappearingon behalf of respondent Nos.1 to 3, by drawing the attention of this Court to the impugned notice, would submit that by the aforesaid notice' the .2nd respondent had stated that the petitioner had committed a breach' on account of himself involving in commission of offence, vide Crime No'256 of 2024 on 09.08.2024, subsequent to execution of the bond on 05.02.2024, and as such, the 2nd respondent authority had called upon him to show cause within seven days as to why the security bond executed by him should not be forfeited

5. Learned Government Pleader further submits that since the impugned proceeding is only a notice to which the petitioner was called upon to submit explanation and admittedly' he having not submitted any explanation till date, the petitioner cannot allege that by the aforesaid notice, the authorities having called upon him to pay the aforesaid bond amount.

6. However, on being queried by this Court' learned Government Pleader submits that as of date no order has been passed by the 2nd respondent forfeiting the bond amount' I have taken note of the respective contentions urged'

7. B. Though the petitioner had claimed that by the impugned proceeding, the 2nd respondent having called upon the petitioner to pay I 3 the bon<l ,lrrc,Unt of Rs.50,000/_ for committing breaclr of the personal bond executrc by him for Rs.50,000/_, a reading of the :;aid notice would clearly stro',v :ltat the impugned proceeding is only a notrce, )y which, he was ca'e'J Jl)cn to submit expranation within seven crays fron. the date of receipt o' th'e said notice, as to why the 2nd resporrden: sh.urd not carl upon the petltioner to pay the amount for the reasons indicateJ therein. 9. Admittecl,/, the petitioner did not submit any, explanation to the said notice yr trin seven days from the date of receipt of the notice, though nctir:e i:; dated 03.06.2024. Though the petitioner did not submit any exprana':i. r 1:o the said notice, as it is stated bef.re this ( ourt of the 2nd respon'Jen: ;rrrthority having not passed further orders, pursJant to the issuance of t-e aforesaid notice, this court is of the viev,r that the petitioner :;h,:,,c1 be directed to submit his explanation to the impugned notice witttir :;(\/en days from today. Upon the petitic)ner filing the explanation rvithin the time granted by this Court, the .lnd r{lspondent authority slrall :c rrsider the explanation and after granting ,ln ol)portunity of hearing, sha I t,ass a reasoned order and communicate,-e sare to the petitioner befor: :aking further action in the matter.

10. Subject to above observations and directions, the \A/rit l:,etition is disposed of. Nt order as to costs. 4 --- '1 \

11. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. SD/- K.BHAVAIII SWAMY s TANT REGISTRAR //TRUE COPY// SECTION OFFICER ildings, Saifabad, To

1. The PrinciPal Secretary Home Department Secretaria Bu 2 3 4 5 Hyderabad, State of Telangana The Commissioner of Police, HYd erabad city at Banjara Hills, Hyderabad The Station House Officer, P.S. One CC to SRI L.RAM SINGH' Two CCs to GP FOR HOME' H Hyderabad. [OUT] B anjar Hills, Hyderabad Advocate [Otn'"?,u," igh Court for of retangana, at

6. Two CD CoPies PSK HIGH COURT 1 '- DATEDizit1tit20?s CC TODAY ORDER WP.No.1779,4,of 2025 l1H= t;7 I o<, t. '-J ':- ) j \, 2; ?[25 .\! a, :). DISPOSING CIF THE WRIT PETITION WITHOUT COSTS Nt I .+5 ),e7.3