Mehul Jiagarali Hirani vs The State Of Telangana
2021 Latest Caselaw 1034 Tel

              THE HONOURABLE SRI JUSTICE K. LAKSHMAN

                     CRIMINAL PETITION No. 2693 OF 2021
ORDER:

This petition is filed under Section 482 of Cr.P.C., seeking to

quash the proceedings in Cr.No.166 of 2021 on the file of the

Mailardevapally P.S., Cyberabad, against the petitioner/Accused.

The offences alleged against the petitioner herein are under

Sections 188, 269 and 272 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 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,

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

1992 Supp. (1) SCC 335 whereas, in the present case, the Police have registered the crime

for the offences under under Sections 188, 269 and 272 of IPC.

Therefore, the said proceedings in Cr.No.166 of 2021 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 Cr.No.166 of 2021

on the file of Mailardevapally P.S., Cyberabad, are hereby quashed

against the petitioner/Accused.

5. Since the proceedings in Cr.No.166 of 2021 are quashed the

Station House Officer, Mailardevapally P.S., Cyberabad, is directed

to release of the seized property on verification of the ownership.

6. Accordingly, the Criminal Petition is allowed. Miscellaneous

petitions pending, if any, in this Criminal Petition, shall stand

closed.

__________________ K. LAKSHMAN, J Date: 31.03.2021 dv