Md Akram vs The State Of Telangana
2021 Latest Caselaw 382 Tel

          THE HONOURABLE SRI JUSTICE K. LAKSHMAN

                     CRIMINAL PETITION No.815 of 2021
ORDER:

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

quash the proceedings against the petitioner/accused in C.C.No.613 of

2020 on the file of the Judicial First Class Magistrate at Adilabad.

The offences alleged against the petitioner are under Sections 270 and

273 of IPC.

2. 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 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

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

1992 Supp. (1) SCC 335

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.613 of 2020 against the petitioner 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.613 of 2020 on the file of the

Judicial First Class Magistrate at Adilabad, are hereby quashed against

the petitioner/accused.

5. Since the proceedings in C.C.No.613 of 2020 are quashed, the

petitioner is at liberty to file appropriate application before the Judicial

First Class Magistrate at Adilabad seeking to release the seized

property and the learned Magistrate shall consider the same and

release the seized property on verification of the ownership.

Pending miscellaneous applications, if any, shall stand closed.

_________________ K. LAKSHMAN, J Date: 10.02.2021

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