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.332 OF 2021
ORDER:
This petition is filed under Section 482 of Cr.P.C.,
seeking to quash the proceedings in C.C.No.129 of 2020
pending on the file of the Special Mobile Court-cum-Judicial
Magistrate of First Class, Adilabad, relating to Crime No.36 of
2019 of Mavala Police Station, Adilabad District. The
petitioner herein is the first accused in the said crime. The
offences alleged against the petitioner are under Sections 270
and 273 IPC.
Heard Sri Gajanand Chakravarthi, learned counsel for
the petitioner, and the learned Assistant Public Prosecutor.
Perused the record.
Perused the entire material available on record and it
discloses that A.1 selling of noxious food to the common
people in Shadnagar and Kailalshnagar, which was
transportring in the auto of the second accused. In
CHIDURALA SHYAMSUBDER V/s. STATE OF TELANGANA1
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 LAL2 held that
the police are incompetent to take cognizance of the offences
punishable under Sections 54 and 59(1) of the Food Safety
Crl.P.No.3731 of 2018 and batch, decided on 27.08.2018.
1992 Supp.(1) SCC 335
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.129 of 2019 pending on the file of
the Special Mobile Court-cum-Judicial Magistrate of First
Class, Adilabad, arising out of Crime No.36 of 2019 of Mavala
Police Station, Adilabad District, against the petitioner -
Accused No.1 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 Criminal petition
is allowed in terms of the judgment in CHIDURALA
SHYAMSUBDER supra, and the proceedings in C.C.No.129 of
2019 pending on the file of the Special Mobile Court-cum-
Judicial Magistrate of First Class, Adilabad, arising out of
Crime No.36 of 2019 of Mavala Police Station, Adilabad
District, are hereby quashed against the petitioner - A.1
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
