THE HON'BLE JUSTICE K.LAKSHMAN
CRIMINAL PETITION No.6708 of 2020
ORDER:
This application is filed under Section 482 Cr.P.C. to quash the proceedings in Crime No.250 of 2020, pending on the file of Yelandu Police Station, Bhadradi-Kothagudem District against the petitioners/A1 to A3. The offences alleged against them are under Sections 270 and 273 IPC.
Learned counsel for the petitioners 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 State 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 State of Telangana and Andhra Pradesh following the guidelines laid down by the Hon'ble Supreme Court in State of Haryana v 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 other offences under the provisions of IPC 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 Section41 and 42 of FSS Act. 1 1992 Supp.(1) SCC 335 2 In view of the above submission, the present criminal petition is disposed of in terms of the common order dated 27.08.2018 in Crl.P.No.3731 of 2018 and batch.
Miscellaneous petitions, if any, pending in this Petition, shall stand closed.
________________________ JUSTICE K.LAKSHMAN 18.01.2021.
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