THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No. 456 OF 2021
ORDER:
This petition is filed under Section 482 of Cr.P.C., seeking to
quash the proceedings in C.C.No.114 of 2018 on the file of the
Judicial First Class Magistrate at Bhainsa against the
petitioners/Accused Nos. 1 to 4. The offences alleged against the
petitioners are under Sections 270, 273 of IPC and Section 196 of
Motor Vehicles Act, 1988.
2. Learned counsel for the petitioners as well as the learned
Assistant Public Prosecutor would submit that the subject matter
is squarely covered by a common order in Chidurala
Shyamsubder v. 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.
3. In Chidurala Shyamsubder's case (supra), 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 45 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, as the Food Officer
alone is competent to investigate and to file charge sheet following
1 Crl.P.No.3731 of 2018 & batch, decided on 27.08.2018 2 1992 Supp. (1) SCC 335 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, 273 of IPC and Section 196 of
Motor Vehicles Act, 1988. Therefore, the said proceedings in
C.C.No.114 of 2018 against the petitioners 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.
4. 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.114 of 2018
on the file of the Judicial First Class Magistrate at Bhainsa, are
hereby quashed against the petitioners/Accused Nos.1 to 4.
5. Since the proceedings in C.C.No.114 of 2018 are quashed,
the petitioners are at liberty to file an appropriate application
before the Judicial First Class Magistrate at Bhainsa seeking
release of the seized property and the learned Magistrate shall
consider the same and release the seized property on verification
of the ownership.
6. Accordingly, the Criminal Petition is allowed. Miscellaneous
petitions pending, if any, in this Criminal Petition, shall stand
closed.
__________________ K. LAKSHMAN, J Date: 03.02.2021 dv
