Kummari Vijay Kumar vs The State Of Telangana
2021 Latest Caselaw 356 Tel

               HONOURABLE SRI JUSTICE K. LAKSHMAN

                   CRIMINAL PETITION No.606 OF 2021

ORDER (ORAL) :

This Criminal Petition, under Section 482 of the Code of

Criminal Procedure, 1973, is filed by the petitioner - accused No.1

seeking to quash the proceedings against him in Crime No.176 of

2020 pending on the file of the Station House Officer, Jogipet Police

Station, Sanga Reddy District. The offences alleged against the

petitioner are under Section 420 of the Indian Penal Code, 1860, and

Section 7 of the Essential Commodities Act, 1955.

2. Heard learned counsel for the petitioner and learned

Assistant Public Prosecutor for the State. Perused the record.

3. 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 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 a copy of the said judgment for perusal.

4. In Chidurala Shyamsubder's case (Supra), a learned

Single Judge, 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

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

1992 Supp. (1) SCC 335 2

under Sections 45 and 59(1) of the Food Safety and Standards Act,

2006 (for short 'FSS Act'), as such, investigating into the said

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 into and to file charge

sheet following the Rules laid down under Sections 41 and 42 of FSS

Act. In the present case, the Police have registered the crime for the

offences under Section 420 of IPC and Section 7 of EC Act.

Therefore, the proceedings in Crime No.176 of 2020 against the

petitioner herein are contrary to the principle laid down in Chidurala

Shyamsubder's case (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 judgment in Chidurala Shyamsubder's case

(Supra 1) and accordingly the proceedings in Crime No.176 of 2020

pending on the file of the Station House Officer, Jogipet Police

Station, Sanga Reddy District, are hereby quashed against the

petitioner herein - accused No.1.

6. It is submitted by the learned counsel for the petitioner that

the seized property is in the custody of Police, Jogipet Police Station

and sought direction to the Station House Officer, Jogipet Police

Station, Sanga Reddy District, to return the seized property to the

petitioner.

7. Since the proceedings in Crime No.176 of 2020 are quashed

against the petitioner herein - accused No.1, the Station House

Officer, Jogipet Police Station, Sanga Reddy District, is directed to

return the seized property i.e., 300 quintals (700 bags) of rice along

with the crime vehicle TATA Lorry bearing No.GJ 03 BW 9477 to the

petitioner on verifying the documents with regard to ownership of the

said property and vehicle.

As a sequel thereto, miscellaneous petitions, if any, pending in

this criminal petition stand closed.

________________ K. LAKSHMAN, J February 9, 2021.

NOTE:

Registry is directed to annex a copy of the common order dated 27.08.2018 in Crl.P. No.3731 of 2018 & batch along with this order.

(BO) PV