Muthyam Suryanarayana Suresh vs The State Of Telangana
2021 Latest Caselaw 822 Tel

             THE HON'BLE SRI JUSTICE K.LAKSHMAN

                 CRIMINAL PETITION No.1945 of 2021

ORDER:

This Criminal Petition is filed under Section 482 of

Cr.P.C. to quash the proceedings in C.C.No.1014 of 2017,

pending on the file of IX Additional Chief Metropolitan

Magistrate, Hyderabad. The offences alleged against the

petitioners/Accused Nos.5 and 6 are under Sections 272,

273 and 336 read with 34 of IPC.

2. 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.

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

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

1992 Supp. (1) SCC 335

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 272,

273 and 336 read with 34 IPC. Therefore, the said

proceedings in C.C.No.1014 of 2017 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.

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 C.C.No.1014

of 2017, pending on the file of IX Additional Chief

Metropolitan Magistrate, Hyderabad, are hereby quashed

against the petitioners/accused No.5 and 6.

5. Since the proceedings in C.C.No.1014 of 2017 are

quashed against the petitioners/accused Nos.5 and 6, the

petitioners are at liberty to file appropriate application

before the Court below for return of seized property/vehicle.

On such application is being filed, the Court below is

directed to release the seized property/vehicle to the

petitioners on verifying the documents with regard to

ownership of the said property. Miscellaneous petitions, if

any, pending in this petition, shall stand closed.

________________________ JUSTICE K.LAKSHMAN Date: 17.03.2021 dv