Shyam Avarla vs The State Of Telangana
2025 Latest Caselaw 2710 Tel

Telangana High Court

Shyam Avarla vs The State Of Telangana on 3 March, 2025

Author: Juvvadi Sridevi

Bench: Juvvadi Sridevi

            THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI

                          CRIMINAL PETITION No.2977 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

petitioners-accused Nos.1 to 3 to quash the proceedings in FIR

No.63 of 2025 on the file of Geesgonda Police Station, Warangal

District. The offences alleged against the petitioners-accused

Nos.1 to 3 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 petitioners

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 54 and 59(1) of the Food Safety and

Standards (FSS) Act, 2006, investigating into the offences 1 CRL.P.No.3731 of 2018 and batch dated 27.08.2018 2 1992 Supp (1) SCC 335

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 270 and 273 of IPC). Therefore, the

said proceedings initiated against the petitioners in FIR No.63 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.63 of 2025 of Geesgonda

Police Station, Warangal District, are hereby quashed. The

petitioners-accused Nos.1 to 3 are 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 petitioners on proper acknowledgment.

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

stand closed.

__________________ JUVVADI SRIDEVI, J Date: 03.03.2025 BV