Mr.E.Ajit Kumar vs Uco Bank
2021 Latest Caselaw 1535 Tel

             HONOURABLE SRI JUSTICE K. LAKSHMAN

                 CRIMINAL PETITION No.1865 OF 2021
ORDER:

This Criminal Petition under Section 482 of the Code of

Criminal Procedure, 1973 (for shot 'Cr.P.C.'), is filed seeking

to quash the proceedings in C.C.No.1443 of 2019, pending on

the file of Additional Judicial Magistrate of First Class,

Huzurabad, Karimnagar District. The petitioners herein are

Accused Nos.1 and 2 in the said crime. The offences alleged

against them are under Sections 270 and 273 of IPC.

2. Heard Sri Boggula Raju, learned counsel for the

petitioners and the learned Public Prosecutor.

3. Perused the entire material available on record and it

discloses that the offences registered against the petitioners

are under Sections - 270 and 273 of IPC.

4. In Chidurala Shyamsubder v. 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 v. 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 offences

. Crl.P. No.3731 of 2018 & batch, decided on 27.08.2018

. 1992 Supp. (1) SCC 335

along with 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 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.1443 of 2019, pending on the file of

Additional Judicial Magistrate of First Class, Huzurabad,

Karimnagar District, 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 Shyamsubder1

and, accordingly, the same are liable to be quashed.

5. In view of the above submission, the present criminal

petition is allowed in terms of the judgment in Chidurala

Shyamsubder1, and the proceedings in C.C.No.1443 of 2019,

pending on the file of Additional Judicial Magistrate of First

Class, Huzurabad, Karimnagar District, are hereby quashed

against petitioners - accused Nos.1 and 2.

6. 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 writ petition shall stand closed.

___________________ K. LAKSHMAN, J 16.03.2021 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.)Mgr