Md Akram vs The State Of Telangana
2021 Latest Caselaw 386 Tel

          THE HONOURABLE SRI JUSTICE K. LAKSHMAN

                  CRIMINAL PETITION No. 844 OF 2021
ORDER:

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

seeking to quash the proceedings in C.C.No.676 of 2020 on

the file of the Junior Civil Judge-Cum-Judicial First Class

Magistrate at Adilabad against the petitioners/Accused. The

offences alleged against the petitioners are under Sections

270, 271 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

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 Sections 270, 271 and 273 of

IPC. Therefore, the said proceedings in C.C.No.676 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.676 of

2020 on the file of the Junior Civil Judge-Cum-Judicial First

Class Magistrate at Adilabad, are hereby quashed against the

petitioners/Accused.

5. Since the proceedings in C.C.No.408 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 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