Shaik Rizwan vs The State Of Telangana
2021 Latest Caselaw 903 Tel

               THE HON'BLE SRI JUSTICE K.LAKSHMAN

                  CRIMINAL PETITION No.2226 of 2021

ORDER:

This Criminal Petition is filed under Section 482 of

Cr.P.C. to quash the proceedings in C.C.No.1258 of 2020

pending on the file of Judicial Magistrate of First Class,

Adilabad. The offences alleged against the petitioners are

under Sections 270 and 273 of IPC.

Learned counsel for the petitioners as well as the

learned Assistant Public Prosecutor would submit that the

subject matter of this 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 State of

Andhra Pradesh, and placed copy of the said judgment for

perusal.

In CHIDURALA SHYAMSUBDER's case (supra), a

learned ingle 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,

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

1992 Supp. (1) SCC 335

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 270

and 273 IPC. Therefore, the said proceedings in C.C.No.1258

of 2020 against the petitioners herein are contrary to the

principle held by the learned ingle 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 C.C.No.1258

of 2020 pending on the file of Judicial Magistrate of First

Class, Adilabad, 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

Court below and sought direction to the Court below to return

the same to the petitioners herein.

Since the proceedings in C.C.No.1258 of 2020 are

quashed against the petitioners-accused, the petitioners are

at liberty to file appropriate application before the Court

below for return of the seized property. On filing such an

application, the Court below is directed to return the seized

property 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: 22.03.2021