Golusu Upender vs Assistant Sub Inspector Of Police
2021 Latest Caselaw 817 Tel

          THE HONOURABLE SRI JUSTICE K. LAKSHMAN

CRIMINAL PETITION No.1734 OF 2021 along with I.A.No.2 of 2021

COMMON ORDER:

This Criminal Petition is filed under Section 482 of

Cr.P.C. to quash the proceedings in C.C.No.2179 of 2020 on

the file of the Principal Magistrate of First Class (PDM) at

Khammam against the petitioners/ accused Nos.1 to 4. The

offences alleged against the petitioners are under

Sections 270 and 273 of IPC.

2. I.A.No.02 of 2021 is filed for return of seized property.

3. 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. 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.

4. 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.

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

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,

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.2179 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.

5. 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.2179 of

2020 on the file of the Principal First Class Magistrate (PDM)

at Khammam, are hereby quashed against the petitioners/

accused Nos.1 to 4.

6. Since the proceedings in C.C.No.2179 of 2020 are

quashed against the petitioners/accused Nos.1 to 4, I.A.No.2

1992 Supp. (1) SCC 335

of 2021 is closed and the petitioners are at liberty to file

appropriate application before the Court below for return of

seized property and the learned Magistrate shall consider the

same and release the said property to the petitioners on

verifying the documents with regard to ownership of the said

property.

7. Accordingly, the Criminal Petition is allowed.

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

stand closed.

__________________ K. LAKSHMAN, J 17th March, 2021 PN

THE HONOURABLE SRI JUSTICE K. LAKSHMAN

CRIMINAL PETITION No.1734 OF 2021

17th March, 2021 PN