Praveen Prajapathi vs The State Of Telangana
2025 Latest Caselaw 1177 Tel

Telangana High Court

Praveen Prajapathi vs The State Of Telangana on 21 January, 2025

Author: Juvvadi Sridevi

Bench: Juvvadi Sridevi

      THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI

                      CRIMINAL PETITION No.30 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.289 of 2024 of P.S. Kothagudem

III Town, Bhadradri-Kothagudem District. The offences

alleged against the petitioner-accused are under

Sections 272 and 275 of Bharatiya Nyaya Sanhitha, 2023

(for short 'BNS') (Previously, Sections 272 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

Telangana1, a learned Single Judge of the High Court,

by following the guidelines laid down by the

Honourable Supreme Court in State of Haryana v.

1 CRL.P.No.3731 of 2018 and batch dated 27.08.2018

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 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 272 and 275 of BNS (Previously, Sections

272 and 273 of IPC). Therefore, the said proceedings

initiated against the petitioner in FIR No.289 of 2024

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

2 1992 Supp (1) SCC 335

Chidurala Shyamsubder (supra), and the

proceedings in FIR No.289 of 2024 of P.S. Kothagudem

III Town, Bhadradri-Kothagudem District, are hereby

quashed. The petitioner-accused is at liberty to file

appropriate application before the trial Court for return of

seized property. On such application being filed, the trial

Court is directed to release the seized property to the

petitioner on proper acknowledgment.

As a sequel, pending miscellaneous applications, if

any, shall stand closed.

______________________ JUVVADI SRIDEVI, J Date: 21-JAN-2025 rev