Chandrashekar Raavikanti vs The State Of Telangana
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Telangana High Court

Chandrashekar Raavikanti vs The State Of Telangana on 12 February, 2025

Author: Juvvadi Sridevi

Bench: Juvvadi Sridevi

            THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI

                          CRIMINAL PETITION No.1978 of 2025

O R D E R:

This Criminal Petition is filed under Section 528 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner-accused

to quash the proceedings in FIR No.35 of 2025 on the file of Madikonda

Police Station, Warangal District. The offences alleged against the

petitioner-accused are under Sections 272 and 275 of Bharatiya Nyaya

Sanhitha, 2023 (for short 'BNS') (Previously, Sections 270 and 273 of IPC).

02. Heard Sri Y.Bala Murali, learned counsel for petitioner and

Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the

State-respondent.

03. In Chidurala Shyamsubder v. State of Telangana 1, a

learned Single Judge of the High Court, by following the guidelines laid

down by the Honourable Supreme Court in State of Haryana v.

Bhajan Lal 2, held that the Police are incompetent to take cognizance of

the offences punishable under Sections 5 4 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 1 CRL.P.No.3731 of 2018 and batch dated 27.08.2018 2 1992 Supp (1) SCC 335

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 272 and 275 of BNS

(Previously, Sections 270 and 273 of IPC). Therefore, the said

proceedings initiated against the petitioner in FIR No.35 of 2025 are

contrary to the principle laid down in Chidurala Shyamsubder (supra)

and, accordingly, the same are liable to be quashed.

04. In view of the aforesaid judgment, the present

Criminal Petition is allowed in terms of Chidurala Shyamsubder

(supra), and the proceedings in FIR No.35 of 2025 on the file of

Madikonda Police Station, Warangal District, are hereby quashed. The

Station House officer/Investigating Officer is hereby directed to return the

seized property on proper identification and verification under due

acknowledgement.

As a sequel, pending miscellaneous applications, if any, shall

stand closed.

______________________ JUVVADI SRIDEVI, J Date: 12.02.2025 Ksk