Shaik Rafeeq Ahmed vs The State Of Telangana
2021 Latest Caselaw 896 Tel

            THE HONOURABLE SRI JUSTICE K. LAKSHMAN

                   CRIMINAL PETITION No. 2158 OF 2021
ORDER:

This petition is filed under Section 482 of Cr.P.C., seeking

to quash the proceedings in C.C.No.90 of 2020 on the file of the

Additional Judicial Magistrate of First Class, Nirmal. The

petitioners are accused Nos.2 and 3. The offences alleged

against the petitioners are under Sections 270 and 273 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 offences under

the provisions of the Indian Penal Code, 1860, and filing charge

sheet is grave illegality, as the Food Officer alone is competent

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

1992 Supp. (1) SCC 335 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.90 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.

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.90 of

2020 on the file of the Additional Judicial Magistrate of First

Class, Nirmal are hereby quashed against the

petitioners/Accused Nos.2 and 3.

5. Since the proceedings in C.C.No.90 of 2020 are quashed,

the petitioners are at liberty to file an appropriate application

before the Additional Judicial Magistrate of First Class, Nirmal

seeking release of the seized property and the learned

Magistrate shall consider the same and release the seized

property on verification of the ownership.

6. Miscellaneous petitions pending, if any, in this Criminal

Petition, shall stand closed.

__________________ K. LAKSHMAN, J Date: 22.03.2021 dv