Shankerneniwar Santhosh vs The State Of Telangana
2021 Latest Caselaw 605 Tel

               THE HON'BLE SRI JUSTICE K.LAKSHMAN

                  CRIMINAL PETITION No.1201 of 2021
ORDER:

This Criminal Petition is filed under Section 482 of

Cr.P.C. to quash the proceedings in C.C.No.181 of 2018,

pending on the file of Special PCR Mobile Court-cum-Judicial

First Class Magistrate, Adilabad. The offences alleged against

the petitioners 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

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

1992 Supp. (1) SCC 335

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 and 273 of IPC.

Therefore, the said proceedings in C.C.No.181 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.181 of

2018, pending on the file of Special PCR Mobile Court-cum-

Judicial First Class Magistrate, Adilabad, are hereby quashed

against the petitioners/accused.

5. Since the proceedings in Crime No.181 of 2018 are

quashed against the petitioners/accused, the petitioners are

at liberty to file appropriate application for return of seized

property i.e., Vimal Bhole Jambno Kesari packets (110), Vimal

Kesar Youkth Panmasala packets (35), A.J. God premium Pan

Masala packets (35), G-1 Zarda Scented Tobacco packets (35),

V-1 Tobacco 60 pouches packets (8), V-1 tobacco 30 pouches

packets (12) including the crime vehicle i.e., TVS XL-100 vide

registration No.AP-01-D-7990, to the petitioners on verifying

the documents with regard to ownership of the said property.

Miscellaneous petitions, if any, pending in this Petition, shall

stand closed.

________________________ JUSTICE K.LAKSHMAN Date: 26.02.2021 TJMR