Azmeera Chinna vs The State Of Telangana
2021 Latest Caselaw 183 Tel

               THE HON'BLE SRI JUSTICE K.LAKSHMAN

                     CRIMINAL PETITION No.110 of 2021

ORDER:

This Criminal Petition is filed under Section 482 of Cr.P.C. to

quash the proceedings in Crime No.257 of 2020, pending on the file

of Station House Officer, Dornakal (MBBD) Police Station,

Mahabubabad District against the petitioner/Accused. The offences

alleged against the petitioner are under Sections 272 and 273 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 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 272 and 273 IPC. Therefore, the said proceedings in

Crime No.257 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.257 of 2020

pending on the file of of Station House Officer, Dornakal (MBBD)

Police Station, Mahabubabad District, are hereby quashed against the

petitioner/Accused.

5. It is submitted by the learned counsel for the petitioner that

the seized property along with vehicle is in the custody of Police,

Dornakal (MBBD) Police Station and sought direction to the Station

House Officer of the said Police Station, to return the seized property

to the petitioner.

6. Since the proceedings in Crime No.257 of 2020 are quashed

against the petitioner/Accused, the Police, Dornakal (MBBD) Police

Station, Mahabubabad District, are directed to return the seized

property i.e., 1250 packets of Amber and one Shine Motor Cycle, on

verifying the documents with regard to ownership of the said

property.

Miscellaneous petitions, if any pending, shall stand closed.

_________________ K. LAKSHMAN, J January 28, 2021 KTL