THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 5185 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 against the petitioner in Proc. No. A/89/2025, dated 25.02.2025 passed by the Executive Magistrate &

Tahsildar, Mavala, Adilabad District.

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2. Heard Mr.S.Surender Reddy, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No.1-State.

3. Learned counsel for the petitioner submits that basing on the requisition of the Sub-Inspector of Police, PS Mavala, the Executive Magistrate/Tahsildar (respondent No.2) issued impugned proceedings directing the petitioner to execute bond for maintaining good behaviour and peace for a period of one year with surety for a sum of Rs.1,00,000/-, without following the due process. Learned counsel further submits that the petitioner has not committed any offence or violated any law and order or breach of peace. Howsoever, without giving any opportunity to submit explanation, the respondent No.2 had passed unsustainable impugned orders, hence prayed for quashment of the order.

4. Learned Additional Public Prosecutor states that, based on information from the Sub-Inspector of Police, Mavala Police Station, the Tahsildar issued orders to bind over the petitioner for good behaviour and peace for a period of one year w.e.f. 25.02.2025 to 24.02.2025 and released on furnishing personal surety of Rs.1,00,000/-. However, the learned Additional Public Prosecutor fairly concedes that there is no record to indicate that any proceedings or enquiry were conducted by the Executive Magistrate prior issuance of the impugned orders.

5. I have carefully examined the materials on record.

6. A close examination of the impugned order reveals that the Executive Magistrate/Tahsildar (respondent No. 2) proceeded to issue the orders on the ground that the petitioner was involved in Crime Nos.167 of 2024 and 67 of 2025 of Mavala Police Station, Adialabad District, and she has been creating nuisance in the locality, due to which facing law and order problem with her. As such, on 25.02.2025 the Police concerned had taken her into custody and to prevent her from indulging in same activities and to avoid law and order problem, the Sub-Inspector of Police, PS Mavala, produced the petitioner before the Executive Magistrate/Tahsildar, Mavala, seeking orders to bind over for good behaviour for a period of one year. Upon which, the impugned proceedings were issued by the Executive Magistrate/Tahsildar.

On the same day, the Mandal Executive Magistrate/Tahsildar (respondent No.2) issued proceedings directing the petitioner to bind over for maintaining good behaviour and peace for a period of one year with effect from 25.02.2025 to 24.02.2026 and to release on furnishing personal surety of Rs.1,00,000/-.

7. However, the record does not reflect compliance with the procedure outlined under Sections 129(e), 130 and 135 of the BNSS, 2023, which mandates while directing for security for good behaviour, the Executive Magistrate must set forth the substance of the information received, the amount for which the bond has to be executed, the term for which it is to be in force and the number/class of sureties required.

8. In the instant case, the respondent No.3 mentioned about creating nuisance, frequent calling of Dial 100, filing ‘false’ complaints before the District Collector asserted that she is again and again creating nuisance. Though two registered crimes are referred, no particulars were set out. In addition, neither Form-13 nor the impugned order are demonstrating any adherence to the procedure contemplated and affording any opportunity to the petitioner to explain.

9. It is pertinent to note that a Coordinate Bench of this Court considering similar situation in Bonthireddygari Narsimha Reddy v.

State of Telangana, Rep. by its Prl. Se