Mr. Golusu Upender vs The State Of Telangana
2021 Latest Caselaw 895 Tel

               THE HON'BLE SRI JUSTICE K.LAKSHMAN

                  CRIMINAL PETITION No.2275 of 2021

ORDER:

This Criminal Petition is filed under Section 482 of

Cr.P.C. seeking to quash the proceedings in Crime No.137 of

2020 pending on the file of Kesamudram Police Station,

Mahabubabad District, against the petitioners herein. The

offences alleged against the petitioners are under Sections

420, 270, 273 and 328 IPC.

Heard the learned counsel for the petitioners as well as

the learned Assistant Public Prosecutor.

Perused the record.

Learned counsel for the petitioners would submit that

the Sub-Inspector of Police is not having power to register a

case in Crime No.137 of 2020 on the file of Kesamudram

Police Station, Mahabubabad District. He would further

submit that the allegations against the petitioners are that

they are selling the tobacco products to the customers

illegally in order to gain wrongful profits.

Learned counsel for the petitioners as well as the

learned Assistant Public Prosecutor would submit that the

subject matter of this criminal petition 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

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

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 54 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 420,

270, 273 and 328 IPC. Therefore, the said proceedings in

Crime No.137 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 Crime

No.137 of 2020 pending on the file of the Kesamudram Police

1992 Supp. (1) SCC 335

Station, Mahabubabad District, are hereby quashed against

the petitioners-accused.

It is submitted by the learned counsel for the petitioners

that the seized property is presently in the custody of the

Kesamudram Police Station and sought direction to the

Station House Officer, Kesamudram Police Station, to return

the same to the petitioners herein.

Since the proceedings in the above said crime are

quashed against the petitioners-accused in Crime No.137 of

2020, the Station House Officer, Kesamudram Police Station,

Mahabubabad District, are directed to return the seized

property on proper identification and verification of ownership

of the seized property under due acknowledgment.

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

this criminal petition, shall stand closed.

________________________ JUSTICE K.LAKSHMAN Date: 22.03.2021

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