Sujath Ali Khan, And 2 Others vs The State Of Telangana, And ...
2021 Latest Caselaw 781 Tel

                  THE HON'BLE SRI JUSTICE K.LAKSHMAN

                     CRIMINAL PETITION No.1899 of 2021

ORDER:

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

quash the proceedings in C.C.No.4914 of 2020 pending on the file

of the learned Chief Metropolitan Magistrate at Nampally,

Hyderabad. The offences alleged against the petitioners herein are

under Sections 270, 272, 273 and 336 read with Section 34 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 in CHIDURALA

SHYAMSUBDER V/s. 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.

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/s.

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, and whereas, in the present case, the Police

have registered the crime for the offences under Sections 270, 272,

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

1992 Supp. (1) SCC 335

273 and 336 of IPC. Therefore, the said proceedings in

C.C.No.4914 of 2020 against the petitioners 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.

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 C.C.No.4914 of

2020 pending on the file of the learned Chief Metropolitan

Magistrate at Nampally, Hyderabad, are hereby quashed against

the petitioner Nos.1 to 3/Accused Nos.1 to 3.

Since the proceedings in C.C.No.4914 of 2020 are quashed

against the petitioners/accused, the petitioners are at liberty to file

appropriate application before the Court below for return of the

seized property i.e., 223 bags of white powder (magnesium

carbonate), 104 big bags and 40 small bags gutkha, 152 bags of

tobacco, 73 bags of red power, 188 bags of outer packet, 497

rollers, 09 machines, 01 weighing machine, 10 small barrels of

pudina crystals, 2 small barrels of liquid tin and 80 small bags of

betel nuts to the petitioners herein on verifying the documents

with regard to ownership of the said property.

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

stand closed in the light of this final order.

________________________ JUSTICE K.LAKSHMAN Date: 16.03.2021

PGS