Sai vs The State Of Telangana
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Telangana High Court

Sai vs The State Of Telangana on 3 March, 2025

Author: Juvvadi Sridevi

Bench: Juvvadi Sridevi

            THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI

                          CRIMINAL PETITION No.2886 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 No.3 to quash the proceedings in F.I.R.No.37 of

2025 of PS Lingala Ghanpur, Warangal District. The offences

alleged against the petitioner-accused No.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 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 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 1 CRL.P.No.3731 of 2018 and batch dated 27.08.2018 2 1992 Supp (1) SCC 335

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 petitioner in FIR No.37 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.37 of 2025 of PS Lingala

Ghanpur, Warangal District, are hereby quashed. The petitioner-

accused No.3 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: 03-03-2025 ksk