THE HON'BLE SRI JUSTICE K.LAKSHMAN
CRIMINAL PETITION No.1899 of 2021
ORDER:
This Criminal Petition is filed under Section 482 of Cr.P.C. to quash the proceedings in C.C.No.4914 of 2020 pending on the file of the learned Chief Metropolitan Magistrate at Nampally, Hyderabad. The offences alleged against the petitioners herein are under Sections 270, 272, 273 and 336 read with Section 34 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 in CHIDURALA SHYAMSUBDER V/s. 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.
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/s. 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 competent to investigate and to file charge sheet following the Rules laid down under Sections 41 and 42 of FSS Act, and whereas, in the present case, the Police have registered the crime for the offences under Sections 270, 272, 1 Crl.P.No.3731 of 2018 & batch, decided on 27.08.2018 2 1992 Supp. (1) SCC 335 2 273 and 336 of IPC. Therefore, the said proceedings in C.C.No.4914 of 2020 against the petitioners 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.
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 C.C.No.4914 of 2020 pending on the file of the learned Chief Metropolitan Magistrate at Nampally, Hyderabad, are hereby quashed against the petitioner Nos.1 to 3/Accused Nos.1 to 3.
Since the proceedings in C.C.No.4914 of 2020 are quashed against the petitioners/accused, the petitioners are at liberty to file appropriate application before the Court below for return of the seized property i.e., 223 bags of white powder (magnesium carbonate), 104 big bags and 40 small bags gutkha, 152 bags of tobacco, 73 bags of red power, 188 bags of outer packet, 497 rollers, 09 machines, 01 weighing machine, 10 small barrels of pudina crystals, 2 small barrels of liquid tin and 80 small bags of betel nuts to the petitioners herein on verifying the documents with regard to ownership of the said property.
Miscellaneous petitions, if any, pending in this petition, shall stand closed in the light of this final order.
________________________ JUSTICE K.LAKSHMAN Date: 16.03.2021 PGS 3