THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.365 OF 2021
ORDER:
This petition is filed under Section 482 of Cr.P.C., seeking to quash the proceedings in C.C.No.42 of 2020 pending on the file of learned Junior Civil Judge-cum-Judicial Magistrate of First Class, Adilabad, relating to Crime No.117 of 2019 of Adilabad Police Station-1 (T), Adilabad District. The petitioner herein is the third accused in the said crime. The offences alleged against the petitioner herein are under Sections 270 and 273 IPC.
Heard the learned counsel for the petitioner and the learned Assistant Public Prosecutor.
Perused the record.
The learned counsel for the petitioner as well as the learned Assistant Public Prosecutor would submit that the subject matter is squarely covered by a common order dated 27.08.2018 passed by the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh in Crl.P.No.3731 of 2018 and batch, and placed copy of the said judgment for perusal.
Perused the common order dated 27.08.2018 in Crl.P.No.3731 of 2018 and batch, wherein a learned single Judge of the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh following the guidelines laid down by the Hon'ble Supreme Court in STATE 2 OF HARYANA V/s. BHAJAN LAL1 held that the police are incompetent to take cognizance of the offences punishable under Sections 54 and 59(1) of the Food Safety and Standards (FSS) Act, 2006, investigating into the offences along with the other offences under the provisions of the Indian Penal Code, 1860, and filing of charge sheet is a grave illegality, as the Food Safety Officer alone is competent to investigate and to file charge sheet following the Rules laid down under Sections 41 and 42 of the FSS Act, whereas, in the present case, the police have registered the crime for the offences under Sections 270 and 273 of IPC. Therefore, the said proceedings in C.C.No.42 of 2020 pending on the file of learned Junior Civil Judge-cum-Judicial Magistrate of First Class, Adilabad, arising out of Crime No.117 of 2019 of Adilabad Police Station-1 (T), Adilabad District, against the petitioner - Accused No.3 herein are contrary to the principle held by the Hon'ble Supreme Court in the above decision and accordingly, the same are liable to be quashed.
In view of the above submission, the Criminal petition is allowed in terms of the common order dated 27.08.2018 in Crl.P.No.3731 of 2018 and batch, and the C.C.No.42 of 2020 pending on the file of learned Junior Civil Judge-cum-Judicial Magistrate of First Class, Adilabad, arising out of Crime No.117 of 2019 of Adilabad Police Station-1 (T), Adilabad 1 1992 Supp.(1) SCC 335 3 District, are hereby quashed against the petitioner - A.3 alone.
Further, the petitioner is at liberty to file appropriate application for return of the seized property, and the learned Magistrate shall consider the same and return the seized property on proper identification and verification of ownership of seized property under due acknowledgment.
As a sequel, miscellaneous petitions, if any, pending in the Criminal Petition shall stand closed.
__________________ K. LAKSHMAN, J Date: 02.02.2021 Note:
Registry is directed to annex a copy of common order dated 27.08.2018 in Crl.P.No.3731 of 2018 & batch.
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