THE HON'BLE SRI JUSTICE K.LAKSHMAN
CRIMINAL PETITION No.14 of 2021
ORDER:
This Criminal Petition is filed under Section 482 of
Cr.P.C. to quash the proceedings in Crime No.240 of 2020,
pending on the file of Station House Officer, Chityal, Nalgonda
District against the petitioner/Accused. The offences alleged
against the petitioner are under Sections 272, 273 and 420 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
1 Crl.P.No.3731 of 2018 & batch, decided on 27.08.2018 2 1992 Supp. (1) SCC 335 2
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 272, 273 and 420 of
IPC. Therefore, the said proceedings in Crime No.240 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 Crime No.240
of 2020, pending on the file of of Station House Officer,
Chityal, Nalgonda District, are hereby quashed against the
petitioner/Accused.
5. It is submitted by the learned counsel for the petitioner
that the seized property is in the custody of Police, Chityal
Police Station and sought direction to the Station House
Officer, Chityal Police Station, Nalgonda District, to return the
seized property to the petitioner.
6. Since the proceedings in Crime No.240 of 2020 are
quashed against the petitioner/Accused, the Police, Chityal
Police Station, Nalgonda District, are directed to return the
seized property i.e., 9000 Gutka 3 Big Packets, each packet 3
containing 65 small sachets, 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: 28.01.2021 Dv
