THE HON'BLE SRI JUSTICE K.LAKSHMAN
CRIMINAL PETITION No.2226 of 2021
ORDER:
This Criminal Petition is filed under Section 482 of Cr.P.C. to quash the proceedings in C.C.No.1258 of 2020 pending on the file of Judicial Magistrate of First Class, Adilabad. The offences alleged against the petitioners are under Sections 270 and 273 of IPC.
Learned counsel for the petitioners as well as the learned Assistant Public Prosecutor would submit that the subject matter of this 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 State of Andhra Pradesh, and placed copy of the said judgment for perusal.
In CHIDURALA SHYAMSUBDER's case (supra), a learned ingle 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, 1 Crl.P.No.3731 of 2018 & batch, decided on 27.08.2018 2 1992 Supp. (1) SCC 335 2 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 IPC. Therefore, the said proceedings in C.C.No.1258 of 2020 against the petitioners herein are contrary to the principle held by the learned ingle 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.1258 of 2020 pending on the file of Judicial Magistrate of First Class, Adilabad, 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 Court below and sought direction to the Court below to return the same to the petitioners herein.
Since the proceedings in C.C.No.1258 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. On filing such an application, the Court below is directed to return the seized 3 property to the petitioners on verifying the documents with regard to ownership of the said property.
Miscellaneous petitions, if any, pending in this petition, shall stand closed.
________________________ JUSTICE K.LAKSHMAN Date: 22.03.2021