Motariya Vishal vs The State Of Telangana
2021 Latest Caselaw 113 Tel

               THE HON'BLE SRI JUSTICE K.LAKSHMAN

                  CRIMINAL PETITION No.6838 of 2020

ORDER:

This Criminal Petition is filed under Section 482 of

Cr.P.C. to quash the proceedings in C.C.No.281 of 2020 on

the file of Special PCR Mobile Court-cum-Judicial First Class

Magistrate, Adilabad against the petitioner/accused. The

offences alleged against the petitioner are under Sections 273

and 270 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

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 and 273 of IPC and

Section 20(2) of the COTPA Act. Therefore, the said

proceedings in C.C.No.6838 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.281 of

2020 on the file of Special PCR Mobile Court-cum-Judicial

First Class Magistrate, Adilabad, are hereby quashed against

the petitioner/accused.

5. Further, since the proceedings in C.C.No.281 of 2020

are quashed against the petitioner/accused, the petitioner is

at liberty to file appropriate application for return of seized

property i.e., 34 packets of Sagar pan masala, V-1 Tobacco

packets, 5 packets of Vimal pan masala, 5 packets of Vimal

pan masala (pink), V-1 Tobacco packets (pink) and 2 Ambar

Tobacco packets, all worth of Rs.4,160/- including the crime

vehicle Hero DF Delux Motorcycle bearing No.TS 01 EA 3178,

to the petitioner on verifying the documents with regard to

ownership of the said property. Miscellaneous petitions, if

any, pending in this Petition, shall stand closed. There shall

be no order as to costs.

________________________ JUSTICE K.LAKSHMAN Date: 20.01.2021 DV