Point of Law : Quash of Criminal Proceedings - Proceedings against petitioner are contrary to the principle held by learned Single Judge of High Court in Chidurala Shyamsubder's case (supra) – Hence, quashed.

ORDER :

1. This criminal petition is filed under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the proceedings in C.C. No. 1665 of 2020 on the file of I Additional Judicial Magistrate of First Class at Khammam against the petitioner-accused. The offences alleged against him are under Sections 270 and 273 of IPC.

2. Heard Mr. Karunakar Reddy, learned Counsel for the petitioner and the learned Assistant Public Prosecutor appearing on behalf of the respondent-State.

3. The learned Counsel for the petitioner as well as the learned Assistant Public Prosecutor would submit that the subject-matter is squarely covered by a common order in Chidurala Shyamsunder vs. State of Telangana, Crl. Pet. No. 3731 of 2018 and Batch, decided on 27.8.2018, rendered by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, and placed copy of the said judgment for perusal.

4. In Chidurala Shyamsubder's case (supra), a learned Single Judge of the High Court, following the guidelines laid down by the Hon'ble Supreme Court in State of Haryana vs. Bhajan Lal, 1992 Supp. (1) SCC 335, 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 alongwith 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 270 and 273 of IPC. Therefore, the said proceedings in C.C. No. 1665 of 2020 against the petitioner herein are contrary to the principle held by the learned Single Judge of the High Court in Chidurala Shyamsubder's case (supra) and accordingly, the same are liable to be quashed.

5. In view of the above submission, the present criminal petition is allowed in terms of the judgment in Chidurala Shyamsubder's case (supra) and the proceedings in C.C. No. 1665 of 2020 on the file of I Additional Judicial Magistrate of First Class at Khammam are hereby quashed against the petitioner-accused.

6. Since the proceedings in C.C. No. 1665 of 2020 are quashed, the petitioner is at liberty to file an appropriate application before the Judicial Magistrate of First Class at Khammam seeking release of the seized property and the learned Magistrate shall consider the same and release the seized property on verification of ownership.

7. As a sequel, miscellaneous petitions, if any, pending in the criminal petition shall stand closed.