Telangana High Court
Shaik Rafeeq Ahmed vs The State Of Telangana on 27 January, 2021
Bench: K.Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.7222 OF 2020
ORDER:
This petition is filed under Section 482 of Cr.P.C.,
seeking to quash the proceedings in C.C.No.582 of 2020 on
the file of the Additional Judicial First Class Magistrate at
Nirmal, relating to Cr.No.77 of 2020 of Soan Police Station,
Nirmal District. The petitioners are accused Nos.1 and 2 in
the said case. The offences alleged against the petitioners are
under Sections 270 and 273 read with 34 IPC.
2. Heard Ms. P.Radhika, learned counsel for the
petitioner, learned Assistant Public Prosecutor and perused
the record.
3. Perused the entire material available on record and it
discloses that A.3 is the owner of the Hira Pan Store who
stated that he purchased the case property from the A.1 and
A.2, the petitioners herein. In Chidurala Shyamsubder Vs.
State of Telangana1 a learned Single Judge of the High Court
of Judicature at Hyderabad for the States of Telangana and
Andhra Pradesh, following the guidelines laid down by the
Hon'ble Supreme court in State of Haryana Vs. Bhajan Lal2
held that the police are incompetent to take cognizance of the
offences punishable under Sections 54 and 59(1) of the Food
Safety and Standards (FSS) Act, 2006, investigating into the
Crl.P.No.3731 of 2018 and batch, decided on 27.08.2018.
1992 Supp.(1) SCC 335
offences along with the other offences under the provisions of
the Indian Penal Code, 1860, and filing charge sheet is a
grave illegality, as the Food Safety Officer alone is competent
to investigate and to file charge sheet following the Rules laid
down under Sections 41 and 42 of the 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.582 of 2020 on the file of the
Additional Judicial Magistrate of First Class, Nirmal arising
out of Cr.No.77 of 2020 of Soan Police Station against the
petitioners - Accused Nos.1 and 2 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 Criminal
petition is allowed in terms of the judgment in Chidurala
Shyamsubder supra, and the proceedings in C.C.No.582 of
2019 on the file of the Additional Judicial Magistrate of First
Class, Nirmal arising out of Cr.No.77 of 20209 of Soan Police
Station, Nirmal District, are hereby quashed against the
petitioners - A.1 and A.2 alone.
5. Further, the petitioners are at liberty to file
appropriate application for return of seized property, and the
learned Magistrate shall consider the same and return the
seized property on proper identification and verification of
ownership of seized property under due acknowledgment.
As a sequel, miscellaneous petitions, if any, pending in
the Criminal Petition shall stand closed.
__________________
K. LAKSHMAN, J
Date: 27.01.2021
Note:
Registry is directed to annex a copy
of common order dated 27.08.2018
in Crl.P.No.3731 of 2018 & batch.
b/o. vvr.
