Sajid Ullah Khan And Another vs The State Of Telangana
2021 Latest Caselaw 374 Tel

          THE HONOURABLE SRI JUSTICE K. LAKSHMAN

                    CRIMINAL PETITION No.862 OF 2021
ORDER:

This petition is filed under Section 482 of Cr.P.C., seeking to

quash the proceedings in C.C.No.674 of 2020 on the file of the Junior

Civil Judge cum Judicial First Class Magistrate at Adilabad, against

the petitioners/A-1 and A-2. The offences alleged against the

petitioner are under Sections 270 and 273 of IPC.

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

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

1992 Supp. (1) SCC 335 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 and 273 of IPC. Therefore, the said proceedings

in C.C.No.674 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 C.C.No.674 of 2020 on

the file of the Junior Civil Judge cum Judicial First Class Magistrate at

Adilabad, are hereby quashed against the petitioners/A-1 and A-2.

5. Since the proceedings in C.C.No.674 of 2020 are quashed,

the petitioners are at liberty to file an appropriate application before

the Junior Civil Judge cum Judicial First Class Magistrate at Adilabad,

seeking to release of the seized property and the learned Magistrate

shall consider the same and release the seized property on verification

of the ownership.

Miscellaneous petitions pending, if any, shall stand closed.

_________________ K. LAKSHMAN, J February 10, 2021.

KTL