Telangana High Court
Damerla Prasad Rao vs The Sub Inspector Of Police on 2 February, 2021
Bench: K.Lakshman
HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.281 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.310 of 2020 on the file of the Station House Officer, Toopran
Police Station, Medak District, registered for the offences punishable
under Sections 272 and 273 of the Indian Penal Code, 1860 (for short
'IPC') and Section 20(2) read with Section 7(2) of Cigarettes and
Other Tobacco Products (Prohibition of Advertisement and
Regulation of Trade and Commerce, Production, Supply and
Distribution) Act, 2003 (for short 'COTP Act'). The petitioners
herein are accused Nos.1 to 4 in the above Crime.
2. Heard both sides and perused the material on record.
3. The learned counsel for the petitioners 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
Crl.P. No.3731 of 2018 & Batch dated 27.08.2018.
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
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 offences under Sections 272 and 273 of IPC and
Section 20(2) read with Section 7(2) of COTP Act. Therefore, the
said proceedings in Crime No.310 of 2020 against the petitioners
herein are 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.310 of 2020 on the file of the Station
House Officer, Toopran Police Station, Medak District, are hereby
quashed against the petitioners herein - accused Nos.1 to 4.
6. Further, since the proceedings in the aforesaid case are
quashed against the petitioners herein in Crime No.310 of 2020, the
petitioners are at liberty to file appropriate application for return of
seized property including the seized vehicles, if any, and the learned
1992 Supp. (1) SCC 335
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
