THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.52 of 2025

O R D E R

This Criminal Petition is filed by petitioner-accused No.2 to quash the proceedings in FIR No.581 of 2024 on the file of the Station House Officer, Hanamkonda Police Station, Warangal District. The offences alleged against the petitioner-accused No.2 are under Sections 271 and 275 of the Bharatiya Nyaya Sanhita (for short ‘BNS’) (Previously Sections 269 and 273 of the Indian Penal Code).

02. Heard Sri Nand Kishore Yadav, 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, CRL.P.No.3731 of 2018 and batch dated 27.08.2018, 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, 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 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 271 and 275 of BNS, which is contrary to the principle held by the learned Single Judge of the High Court in Chidurala Shyamsubder (supra) and, accordingly, the same are liable to be quashed.

04. In view of the aforesaid discussion, this Criminal Petition is allowed in terms of Chidurala Shyamsubder (supra), and the proceedings in FIR No.581 of 2024 on the file of the Station House Officer, Hanamkonda Police Station, Warangal District, are hereby quashed. The petitioner-accused is at liberty to file appropriate application before the learned Court below 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.

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