Mohd Hassanuddin And 7 Others vs The State Of Telangana
2021 Latest Caselaw 266 Tel

                 THE HON'BLE SRI JUSTICE K.LAKSHMAN

                      CRIMINAL PETITION No.5486 of 2020

ORDER:

This Criminal Petition is filed under Section 482 of Cr.P.C. to quash

the proceedings in Crime No.244 of 2020, pending on the file of Station

House Officer, P.S.Bahadurpura, Hyderabad, against the

petitioners/Accused. The offences alleged against the petitioners are under

Sections 272, 273, 336 r/w.109 of IPC, Section 20(2) of COPTA.

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 the Rules laid down under Sections 41 and 42 of

FSS Act, whereas, in the present case, the Police have registered the crime

Crl.P.No.3731 of 2018 & batch, decided on 27.08.2018

1992 Supp. (1) SCC 335

for the offences under Sections 272, 273, 336 r/w.109 of IPC, Section 20(2)

of COPTA. Therefore, the said proceedings in Crime No.244 of 2020

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 Crime No.244 of 2020, pending on the file of Station

House Officer, Bahadurpura, Hyderabad, are hereby quashed against the

petitioners/Accused.

5. It is submitted by the learned counsel for the petitioners that the

seized property is in the custody of Police, Bahadurpura Police Station and

sought direction to the Station House Officer, Bahadurpura Police Station,

Hyderabad to return the seized property to the petitioners.

6. Since the proceedings in Crime No.244 of 2020 are quashed against

the petitioners/Accused, the Police, Bahadurpura Police Station,

Hyderabad, are directed to return the seized property i.e. 31 plastic bags of

Rani Premium Gutkha, on verifying the documents with regard to

ownership of the said property.

Pending miscellaneous petitions, if any, shall stand closed.

________________________ JUSTICE K.LAKSHMAN

Date: 03.02.2021

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