Deepak Kothari And 2 Others vs Sub Inspector Of Police And ...
2021 Latest Caselaw 144 Tel

               THE HON'BLE SRI JUSTICE K.LAKSHMAN

                  CRIMINAL PETITION No.6995 of 2020

ORDER:

This Criminal Petition is filed under Section 482 of

Cr.P.C. to quash the proceedings in Crime No.284 of 2020,

pending on the file of Bahadurpura Police Station, Hyderabad

against the petitioners/A-1, A-2 and A-5. The offences

alleged against the petitioners are under Sections 420, 336,

273 read with Section 34 of IPC and Section 20(2) of the

Cigaretts and Other Tobacco Products Act, 2003 (for short,

COTPA Act).

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,

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

1992 Supp. (1) SCC 335

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 present case, the Police have registered the

crime for the offences under Sections 420, 336, 273 read with

Section 34 of IPC and Section 20(2) of the COTPA Act.

Therefore, the said proceedings in Crime No.284 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. Therefore, the present Criminal Petition is allowed in

terms of the judgment in Chidurala Shyamsubder (supra),

and the proceedings in Crime No.284 of 2020 of Bahadurpura

Police Station, Hyderabad, are hereby quashed against the

petitioners/A-1, A-2 and A-5. Miscellaneous petitions, if any,

pending in this Petition, shall stand closed.

________________________ JUSTICE K.LAKSHMAN Date: 22.01.2021 TJMR