THE HON'BLE SRI JUSTICE K.LAKSHMAN
CRIMINAL PETITION No.110 of 2021
ORDER:
This Criminal Petition is filed under Section 482 of Cr.P.C. to quash the proceedings in Crime No.257 of 2020, pending on the file of Station House Officer, Dornakal (MBBD) Police Station, Mahabubabad District against the petitioner/Accused. The offences alleged against the petitioner are under Sections 272 and 273 IPC.
2. 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 in Chidurala Shyamsubder v. State of Telangana1 rendered by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, and placed copy of the said judgment for perusal.
3. In Chidurala Shyamsubder's case (supra), a learned Single Judge of the High Court, following the guidelines laid down by the Hon'ble Supreme Court in State of Haryana v. Bhajan Lal2, held that the Police are incompetent to take cognizance of the offences punishable under Sections 45 and 59(1) of the Food Safety and Standards (FSS) Act, 2006, investigating into the offences along with other offences under the provisions of the Indian Penal Code, 1860, and filing charge sheet is grave illegality, as the Food Officer alone is 1 Crl.P.No.3731 of 2018 & batch, decided on 27.08.2018 2 1992 Supp. (1) SCC 335 2 competent to investigate and to file charge sheet following the Rules laid down under Sections 41 and 42 of FSS Act, whereas, in the present case, the Police have registered the crime for the offences under Sections 272 and 273 IPC. Therefore, the said proceedings in Crime No.257 of 2020 against the petitioner 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 present Criminal Petition is allowed in terms of the judgment in Chidurala Shyamsubder (supra), and the proceedings in Crime No.257 of 2020 pending on the file of of Station House Officer, Dornakal (MBBD) Police Station, Mahabubabad District, are hereby quashed against the petitioner/Accused.
5. It is submitted by the learned counsel for the petitioner that the seized property along with vehicle is in the custody of Police, Dornakal (MBBD) Police Station and sought direction to the Station House Officer of the said Police Station, to return the seized property to the petitioner.
6. Since the proceedings in Crime No.257 of 2020 are quashed against the petitioner/Accused, the Police, Dornakal (MBBD) Police Station, Mahabubabad District, are directed to return the seized property i.e., 1250 packets of Amber and one Shine Motor Cycle, on 3 verifying the documents with regard to ownership of the said property.
Miscellaneous petitions, if any pending, shall stand closed.
_________________ K. LAKSHMAN, J January 28, 2021 KTL