Telangana High Court
Chidurala Shyamsunder vs The State Of Telangana on 29 September, 2020
Author: K. Lakshman
Bench: K. Lakshman
HONOURABLE SRI JUSTICE K. LAKSHMAN
CRIMINAL PETITION No.3400 OF 2020
ORDER:
This application is filed under Section 482 Cr.P.C. to quash the proceedings in C.C. No.121 of 2020, pending on the file of the learned Judicial Magistrate of First Class, Manthani, Peddapalli District against petitioners - accused Nos.1 to 4. The petitioners are Accused Nos.1 to 4 in the said case. The offences alleged against them are under Sections - 420, 188, 270 and 273 read with 34 IPC and Section - 59 (i) of the Food Safety and Standards Act, 2006.
2. The learned counsel for the petitioners as well as the learned Assistant Public Prosecutor would submit that the subject matter is squarely covered by a common order dated 27.08.2018, passed by the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh in Crl.P. No.3731 of 2018 and batch, and placed copy of the said judgment for perusal.
3. Perused the common order dated 27.08.2018 in Crl.P. No.3731 of 2018 and batch, wherein a learned Single Judge of the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh following the guidelines laid down by the Hon'ble Supreme Court in State of Haryana v. Bhajan Lal1, 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 1 . 1992 Supp. (1) SCC 335 2 under the provisions of the Indian Penal Code, 1860, and filing charge sheet is a grave illegality, as the Food Safety 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 - 420, 188, 270 and 273 read with 34 of IPC and Section 59 (i) of the Food Safety and Standards Act, 2006. After completion of investigation, the police filed the charge sheet for the said offences, and the same was taken on file by the learned Magistrate vide C.C. No.121 of 2020. Therefore, the said proceedings in C.C. No.121 of 2020 against the petitioners herein are contrary to the principle held by the Hon'ble Supreme Court in the above decision and, accordingly, the same are liable to be quashed.
4. In view of the above submission, the present Criminal Petition is allowed of in terms of the common order dated 27.08.2018 in Crl.P. No.3731 of 2018 and batch, and the proceedings in C.C. No.121 of 2020 on the file of learned Judicial Magistrate of First Class, Manthani, Peddapalli District are hereby quashed against the petitioners - accused Nos.1 to 4.
As a sequel, miscellaneous petitions pending, if any, in the criminal petition, shall stand closed.
_________________ K. LAKSHMAN, J 29th September, 2020 Note:
Registry is directed to annex a copy of common order dated 27.08.2018 in Crl.P. No.3731 of 2018 & batch (B/O.) Mgr