THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.7222 OF 2020
ORDER:
This petition is filed under Section 482 of Cr.P.C., seeking to quash the proceedings in C.C.No.582 of 2020 on the file of the Additional Judicial First Class Magistrate at Nirmal, relating to Cr.No.77 of 2020 of Soan Police Station, Nirmal District. The petitioners are accused Nos.1 and 2 in the said case. The offences alleged against the petitioners are under Sections 270 and 273 read with 34 IPC.
2. Heard Ms. P.Radhika, learned counsel for the petitioner, learned Assistant Public Prosecutor and perused the record.
3. Perused the entire material available on record and it discloses that A.3 is the owner of the Hira Pan Store who stated that he purchased the case property from the A.1 and A.2, the petitioners herein. In Chidurala Shyamsubder Vs. State of Telangana1 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 of Haryana Vs. Bhajan Lal2 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 1 Crl.P.No.3731 of 2018 and batch, decided on 27.08.2018. 2 1992 Supp.(1) SCC 335 2 offences along with the other offences under the provisions of the Indian Penal Code, 1860, and filing 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.582 of 2020 on the file of the Additional Judicial Magistrate of First Class, Nirmal arising out of Cr.No.77 of 2020 of Soan Police Station against the petitioners - Accused Nos.1 and 2 herein are contrary to the principle held by the learned Single Judge of the High Court in Chidurala Shyamsubder supra and accordingly, the same are liable to be quashed.
4. In view of the above submission, the Criminal petition is allowed in terms of the judgment in Chidurala Shyamsubder supra, and the proceedings in C.C.No.582 of 2019 on the file of the Additional Judicial Magistrate of First Class, Nirmal arising out of Cr.No.77 of 20209 of Soan Police Station, Nirmal District, are hereby quashed against the petitioners - A.1 and A.2 alone.
5. Further, the petitioners are at liberty to file appropriate application for return of 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. 3
As a sequel, miscellaneous petitions, if any, pending in the Criminal Petition shall stand closed.
__________________ K. LAKSHMAN, J Date: 27.01.2021 Note:
Registry is directed to annex a copy of common order dated 27.08.2018 in Crl.P.No.3731 of 2018 & batch.
b/o. vvr.