Mohammad Samiullah Khan vs The State Of Telangana
2021 Latest Caselaw 860 Tel

              HONOURABLE SRI JUSTICE K. LAKSHMAN


                   CRIMINAL PETITION No.2129 OF 2021

ORDER (ORAL) :

This Criminal Petition, under Section 482 of the Code of

Criminal Procedure, 1973, is filed by the petitioners - accused Nos.1

to 3 seeking to quash the proceedings against them in Crime No.23 of

2021 pending on the file of the Station House Officer, Mamda Police

Station, Nirmal District. The offences alleged against the petitioners

are under Sections 270 and 273 read with Section 34 of the Indian

Penal Code, 1860.

2. Heard Sri Gajanand Chakravarthy, learned counsel for the

petitioners, and learned Assistant Public Prosecutor for the State.

Perused the record.

3. The learned counsel for the petitioners 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.

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

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

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 read with Section 34 of the

Indian Penal Code, 1860. Therefore, the proceedings in Crime No.23

of 2021 against the petitioners 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.23 of 2021

pending on the file of the Station House Officer, Mamda Police

Station, Nirmal District. are hereby quashed against the petitioners

herein - accused Nos.1 to 3 alone.

1992 Supp. (1) SCC 335

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