Sarem Nagaraju vs Assistant Subinspector And ...
2021 Latest Caselaw 90 Tel

                    THE HON'BLE JUSTICE K.LAKSHMAN

                    CRIMINAL PETITION No.6708 of 2020

ORDER:

This application is filed under Section 482 Cr.P.C. to quash

the proceedings in Crime No.250 of 2020, pending on the file of

Yelandu Police Station, Bhadradi-Kothagudem District against the

petitioners/A1 to A3. The offences alleged against them are under

Sections 270 and 273 IPC.

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 dated 27.08.2018 passed

by the High Court of Judicature at Hyderabad for the State of

Telangana and Andhra Pradesh in Crl.P.No.3731 of 2018 and

batch, and placed copy of the said judgment for perusal.

Perused the common order dated 27.08.2018 in

Crl.P.No.3731 of 2018 and batch, wherein a learned Single Judge

of the High Court of Judicature at Hyderabad for the State of

Telangana and Andhra Pradesh following the guidelines laid down

by the Hon'ble Supreme Court in State of Haryana v Bhajan Lal1,

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

offences along with other offences under the provisions of IPC 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 Section41 and 42 of FSS Act.

1992 Supp.(1) SCC 335

In view of the above submission, the present criminal

petition is disposed of in terms of the common order dated

27.08.2018 in Crl.P.No.3731 of 2018 and batch.

Miscellaneous petitions, if any, pending in this Petition, shall

stand closed.

________________________ JUSTICE K.LAKSHMAN 18.01.2021.

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