THE HON'BLE SRI JUSTICE K.LAKSHMAN
CRIMINAL PETITION No.2275 of 2021
ORDER:
This Criminal Petition is filed under Section 482 of Cr.P.C. seeking to quash the proceedings in Crime No.137 of 2020 pending on the file of Kesamudram Police Station, Mahabubabad District, against the petitioners herein. The offences alleged against the petitioners are under Sections 420, 270, 273 and 328 IPC.
Heard the learned counsel for the petitioners as well as the learned Assistant Public Prosecutor.
Perused the record.
Learned counsel for the petitioners would submit that the Sub-Inspector of Police is not having power to register a case in Crime No.137 of 2020 on the file of Kesamudram Police Station, Mahabubabad District. He would further submit that the allegations against the petitioners are that they are selling the tobacco products to the customers illegally in order to gain wrongful profits.
Learned counsel for the petitioners as well as the learned Assistant Public Prosecutor would submit that the subject matter of this criminal petition 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 1 Crl.P.No.3731 of 2018 & batch, decided on 27.08.2018 2 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 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 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 420, 270, 273 and 328 IPC. Therefore, the said proceedings in Crime No.137 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 Crime No.137 of 2020 pending on the file of the Kesamudram Police 2 1992 Supp. (1) SCC 335 3 Station, Mahabubabad District, are hereby quashed against the petitioners-accused.
It is submitted by the learned counsel for the petitioners that the seized property is presently in the custody of the Kesamudram Police Station and sought direction to the Station House Officer, Kesamudram Police Station, to return the same to the petitioners herein.
Since the proceedings in the above said crime are quashed against the petitioners-accused in Crime No.137 of 2020, the Station House Officer, Kesamudram Police Station, Mahabubabad District, are directed to return the seized property on proper identification and verification of ownership of the seized property under due acknowledgment.
As a sequel, miscellaneous petitions pending, if any, in this criminal petition, shall stand closed.
________________________ JUSTICE K.LAKSHMAN Date: 22.03.2021 pgs