THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.1734 OF 2021 along with I.A.No.2 of 2021 COMMON ORDER:
This Criminal Petition is filed under Section 482 of Cr.P.C. to quash the proceedings in C.C.No.2179 of 2020 on the file of the Principal Magistrate of First Class (PDM) at Khammam against the petitioners/ accused Nos.1 to 4. The offences alleged against the petitioners are under Sections 270 and 273 of IPC.
2. I.A.No.02 of 2021 is filed for return of seized property.
3. 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. 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.
4. 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. 1 Crl.P.No.3731 of 2018 & batch, decided on 27.08.2018 2 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, 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.2179 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.
5. 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.2179 of 2020 on the file of the Principal First Class Magistrate (PDM) at Khammam, are hereby quashed against the petitioners/ accused Nos.1 to 4.
6. Since the proceedings in C.C.No.2179 of 2020 are quashed against the petitioners/accused Nos.1 to 4, I.A.No.2 2 1992 Supp. (1) SCC 335 3 of 2021 is closed and the petitioners are at liberty to file appropriate application before the Court below for return of seized property and the learned Magistrate shall consider the same and release the said property to the petitioners on verifying the documents with regard to ownership of the said property.
7. Accordingly, the Criminal Petition is allowed. Miscellaneous petitions, if any, pending in this Petition, shall stand closed.
__________________ K. LAKSHMAN, J 17th March, 2021 PN 4 THE HONOURABLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.1734 OF 2021 17th March, 2021 PN