Mohammed Hasnuddinhasan And 2 ... vs The State Of Telangana
2021 Latest Caselaw 381 Tel

          THE HONOURABLE SRI JUSTICE K. LAKSHMAN

                  CRIMINAL PETITION No. 757 OF 2021
ORDER:

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

seeking to quash the proceedings in C.C.No.178 of 2018 on

the file of XII Additional Chief Metropolitan Magistrate,

Hyderabad, against the petitioners/Accused. The offences

alleged against the petitioners are under Section 20 (2) of

CTPPARTCPSD and 420 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

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

1992 Supp. (1) SCC 335 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 for the offences under Section 20 (2) of CTPPARTCPSD

and 420 of IPC. Therefore, the said proceedings in

C.C.No.178 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.178 of

2018 on the file of the XII Additional Chief Metropolitan

Magistrate, Hyderabad, are hereby quashed against the

petitioners/Accused.

5. Since the proceedings in C.C.No.178 of 2018 are

quashed, the petitioners are at liberty to file an appropriate

application before the XII Additional Chief Metropolitan

Magistrate, Hyderabad, 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.

6. Accordingly, the Criminal Petition is allowed.

Miscellaneous petitions pending, if any, in this Criminal

Petition, shall stand closed.

__________________ K. LAKSHMAN, J Date: 10.02.2021 dv