Ahmed Hussain Amer vs State Of Telangana And 2 Others
2021 Latest Caselaw 3752 Tel

     THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

                       W.P.No.23527 OF 2020
ORDER:

Heard learned counsel for the petitioner and the learned

Assistant Government Pleader for Home.

2. It is submitted by learned counsel for the petitioner that the

impugned notice issued under Sections 446 and 107 Cr.P.C., is

without following the mandatory procedure under the said provisions.

3. As seen from the record, the impugned proceedings are issued

without any prior show cause notice. There are no reasons recorded

by respondent No.2 while issuing the impugned notice.

4. Learned counsel for the petitioner relies on a judgment of

this court dated 21.09.2020 passed in W.P.No.15472 of 2020 and

contends that under similar circumstances, notice issued by

respondent No.2 was set aside.

5. In the above circumstances, this writ petition is allowed setting

aside the impugned notice dated 14.09.2020 issued by respondent

No.2. No costs.

6. Pending miscellaneous petitions, if any, shall stand closed

______________________ B. VIJAYSEN REDDY, J 24.11.2021 Lrkm