Mashette Shiva Shetty vs The State Of Telangana And Another
2021 Latest Caselaw 228 Tel

              HONOURABLE SRI JUSTICE K. LAKSHMAN

                   CRIMINAL PETITION No.283 OF 2021

ORDER (ORAL):

This application is filed under Section 482 of the Code of

Criminal Procedure, 1973, seeking to quash the proceedings in Crime

No.344 of 2020 on the file of the Station House Officer, Metpally

Police Station, Jagityal District, registered for the offence punishable

under Section 188 of the Indian Penal Code, 1860 (for short 'IPC').

The petitioner herein is sole accused in the above Crime.

2. Heard both sides and perused the material on record.

3. The learned counsel for the petitioner as well as the learned

Assistant Public Prosecutor appearing for the State would submit that

subject matter is squarely covered by an order in Chidurala

Shyamsubder v. State of Telangana1 rendered by the High Court of

Judicature at Hyderabad for the States of Telangana and Andhra

Pradesh, and placed a copy of the said judgment for perusal.

4. In Chidurala Shyamsubder (Supra 1), a learned single

Judge of the High Court following the guidelines laid down by the

Hon'ble Supreme Court in State of Haryana v. 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

Crl.P. No.3731 of 2018 & Batch dated 27.08.2018.

1992 Supp. (1) SCC 335

Standards Act, 2006 (for short 'FSS Act'), investigating into the

offences along with other offences under the provisions of the Indian

Penal Code, 1860, 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 Sections 41 and 42

of FSS Act, whereas, in the present case, the police have registered

the crime for the offence under Section 188 of IPC. Therefore, the

said proceedings in Crime No.344 of 2020 against the petitioner

herein is contrary to the principle held in Chidurala Shyamsubder

(Supra 1), as such, the same are liable to be quashed.

5. In view of the above, the present Criminal Petition is

allowed in terms of the order in Chidurala Shyamsubder (Supra 1)

and the proceedings in Crime No.344 of 2020 on the file of the Station

House Officer, Metpally Police Station, Jagityal District, are hereby

quashed against the petitioner herein - sole accused.

6. Further, since the proceedings in the aforesaid case are

quashed against the petitioner herein in Crime No.344 of 2020, the

petitioner is at liberty to file appropriate application for return of

seized property including the seized vehicles, if any, and the learned

Magistrate shall consider the same and return the seized property and

vehicles on proper identification and verification of their ownership

under due acknowledgment.

As a sequel thereto, miscellaneous petitions, if any, pending in

the criminal petition, stand closed.

_________________ K. LAKSHMAN, J February 2, 2021.

NOTE:

Registry is directed to annex a copy of the common order dated 27.08.2018 in Criminal Petition No.3731 of 2018 & batch.

(BO) PV