THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.30 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 to quash the proceedings in FIR No.289 of 2024 of P.S. Kothagudem III Town, Bhadradri-Kothagudem District. The offences alleged against the petitioner-accused are under Sections 272 and 275 of Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’) (Previously, Sections 272 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 Telangana1, a learned Single Judge of the High Court, by following the guidelines laid down by the Honourable Supreme Court in State of Haryana v.

1 CRL.P.No.3731 of 2018 and batch dated 27.08.2018

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 272 and 275 of BNS (Previously, Sections 272 and 273 of IPC). Therefore, the said proceedings initiated against the petitioner in FIR No.289 of 2024 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.289 of 2024 of P.S. Kothagudem III Town, Bhadradri-Kothagudem District, are hereby quashed. The petitioner-accused 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: 21-JAN-2025

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