Mohd. Akram vs The State Of Telangana
2021 Latest Caselaw 97 Tel

        THE HONOURABLE SRI JUSTICE K. LAKSHMAN

                 WRIT PETITION No.22346 OF 2020

ORDER:

This Writ Petition is filed under Article - 226 of the Constitution

of India seeking the following relief:

"..... please to pass an order/orders, or issue any direction/directions or issue any appropriate writ more particularly in the nature of Writ of Certiorari, calling the records relating to C.c. No.47 of 2020 on the file of the Hon'ble Special J.F.C.M. Mobile (PCR) Adilabad, and quash the said C.C.No.47 of 2020 against the petitioner/accused No.2 and consequently declare that registering the said crime against the petitioner/accused No.2 having full knowledge about the suspension of Notification vide No.445/FSS-1/2019 dated: 08.01.2019 issued by the Commissioner, Food Safety, Telangana State & during the interim orders passed in W.P. No.20028 of 2019 dated: 16.09.2019 is in force, is illegal, arbitrary and violative of Article 14, 21 and 301 of the Constitution of India and to pass such other order or orders..."

2. Heard Mr. S. Chandra Sekhar, learned counsel for the

petitioner, and the learned Government Pleader for Home appearing on

behalf of the respondents.

3. The petitioner herein is accused No.2 in C.C. No.47 of 2020.

The offences alleged against him are under Sections - 270 and 273 of

IPC.

4. Learned counsel for the petitioner as well as the learned

Government Pleader for Home 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.

5. 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 Sections - 41 and 42 of FSS

Act.

6. In view of the above submissions, the present writ petition

is allowed in terms of the common order dated 27.08.2018 in

Crl.P.No.3731 of 2018 and batch and the proceedings in C.C. No.47 of

2020 on the file of Special J.F.C.M. Mobile (PCR) Adilabad, are hereby

quashed against the petitioner - accused No.2 only.

1991 Supp.(1) SCC 335

As a sequel, miscellaneous petitions, if any, pending shall stand

closed.

__________________ K. LAKSHMAN, J Date: 19.01.2021 dv