Mohammad Akram vs The State Of Telangana
2021 Latest Caselaw 859 Tel

               HONOURABLE SRI JUSTICE K. LAKSHMAN

                   CRIMINAL PETITION No.2098 OF 2021

ORDER (ORAL) :

This Criminal Petition, under Section 482 of the Code of

Criminal Procedure, 1973, is filed by the petitioner - accused seeking

to quash the proceedings against him in Crime No.25 of 2021 pending

on the file of the Station House Officer, Adilabad Rural Police

Station, Adilabad District. The offences alleged against the petitioner

are under Sections 270 and 273 of the Indian Penal Code, 1860.

2. Heard learned counsel for the petitioner and learned

Assistant Public Prosecutor for the State. Perused the record.

3. The learned counsel for the petitioner as well as the learned

Assistant Public Prosecutor would submit that the subject matter is

squarely covered by the 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 a copy of the said judgment for perusal.

4. In Chidurala Shyamsubder's case (Supra), a learned single

Judge, 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 Act, 2006 (for

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

1992 Supp. (1) SCC 335

short 'FSS Act'), as such, investigating into the said offences along

with other offences under the provisions of the Indian Penal Code,

1860, and filing charge sheet is a grave illegality, as the Food Officer

alone is competent to investigate into and to file charge sheet

following the Rules laid down under Sections 41 and 42 of FSS Act.

In the present case, the Police have registered the crime for the

offences under Sections 270 and 273 of the Indian Penal Code, 1860.

Therefore, the proceedings in Crime No.25 of 2021 against the

petitioner herein are contrary to the principle laid down in Chidurala

Shyamsubder's case (Supra 1), as such, the same are liable to be

quashed.

5. In view of the above, the present Criminal Petition is

allowed in terms of the judgment in Chidurala Shyamsubder's case

(Supra 1) and accordingly the proceedings in Crime No.25 of 2021

pending on the file of the Station House Officer, Adilabad Rural

Police Station, Adilabad District, are hereby quashed against the

petitioner herein - accused.

As a sequel thereto, miscellaneous petitions, if any, pending in

this criminal petition stand closed.

_________________ K. LAKSHMAN, J March 19, 2021.

NOTE:

Registry is directed to annex a copy of the common order dated 27.08.2018 in Crl.P. No.3731 of 2018 & batch along with this order. (BO) PV