Telangana High Court
Syed Arbaz vs The State Of Telangana on 2 February, 2021
Bench: K.Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.365 OF 2021
ORDER:
This petition is filed under Section 482 of Cr.P.C.,
seeking to quash the proceedings in C.C.No.42 of 2020
pending on the file of learned Junior Civil Judge-cum-Judicial
Magistrate of First Class, Adilabad, relating to Crime No.117
of 2019 of Adilabad Police Station-1 (T), Adilabad District. The
petitioner herein is the third accused in the said crime. The
offences alleged against the petitioner herein are under
Sections 270 and 273 IPC.
Heard the learned counsel for the petitioner and the
learned Assistant Public Prosecutor.
Perused the record.
The learned counsel for the petitioner as well as the
learned Assistant Public Prosecutor would submit that the
subject matter is squarely covered by a common order dated
27.08.2018 passed by the High Court of Judicature at
Hyderabad for the States of Telangana and Andhra Pradesh in
Crl.P.No.3731 of 2018 and batch, and placed copy of the said
judgment for perusal.
Perused the common order dated 27.08.2018 in
Crl.P.No.3731 of 2018 and batch, wherein a learned single
Judge of the High Court of Judicature at Hyderabad for the
States of Telangana and Andhra Pradesh following the
guidelines laid down by the Hon'ble Supreme Court in STATE
OF HARYANA V/s. BHAJAN LAL1 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 the other offences under the provisions of the
Indian Penal Code, 1860, and filing of 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 the 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.42 of 2020 pending on the file of
learned Junior Civil Judge-cum-Judicial Magistrate of First
Class, Adilabad, arising out of Crime No.117 of 2019 of
Adilabad Police Station-1 (T), Adilabad District, against the
petitioner - Accused No.3 herein are contrary to the principle
held by the Hon'ble Supreme Court in the above decision and
accordingly, the same are liable to be quashed.
In view of the above submission, the Criminal petition
is allowed in terms of the common order dated 27.08.2018 in
Crl.P.No.3731 of 2018 and batch, and the C.C.No.42 of 2020
pending on the file of learned Junior Civil Judge-cum-Judicial
Magistrate of First Class, Adilabad, arising out of Crime
No.117 of 2019 of Adilabad Police Station-1 (T), Adilabad
1992 Supp.(1) SCC 335
District, are hereby quashed against the petitioner - A.3
alone.
Further, the petitioner is at liberty to file appropriate
application for return of the seized property, and the learned
Magistrate shall consider the same and return the seized
property on proper identification and verification of ownership
of seized property under due acknowledgment.
As a sequel, miscellaneous petitions, if any, pending in
the Criminal Petition shall stand closed.
__________________
K. LAKSHMAN, J
Date: 02.02.2021
Note:
Registry is directed to annex a copy
of common order dated 27.08.2018
in Crl.P.No.3731 of 2018 & batch.
b/o. pgs
