THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.1279 of 2025

O R D E R

the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by petitioners-accused Nos.2 to 4 to quash the proceedings in C.C.No.2855 of 2022, pending on the file of VIII Additional Chief Metropolitan Magistrate, Hyderabad. The offences alleged against petitioners- accused Nos.2 to 4 are under Sections 272, 273 and 336 read with 34 of the Indian Penal Code (for short ‘IPC’). 02. Heard M/s.Nand Kishore Yadav, learned counsel for petitioners 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 rendered by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, wherein learned

guidelines laid down by the Hon’ble Supreme Court in State of Haryana v. Bhajan Lal, Single Judge of the High Court, following the, 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, 273 and 336 read with Section 34 of IPC. Therefore, the said proceedings in C.C.No.2885 of 2022 against the petitioners are 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.

2 1992 Supp (1) SCC 335

04. In view of the above submission, the Chidurala Shyamsubder (supra), and the proceedings in C.C.No.2885 of 2024, pending on the file of the learned VIII Additional Chief Metropolitan Magistrate, Nampally at Hyderabad, are hereby quashed.

05. Since the proceedings in C.C.No.2885 of 2024 are quashed against the petitioners-accused No.2 to 4, the petitioners are at liberty to file appropriate application before the learned Court below for return of seized property. On such application being filed, the learned Court below is directed to release the seized property to petitioners on verifying the documents with regard to ownership of the said property.

As a sequel, pending miscellaneous applications, if any, shall stand closed.

______________________ JUVVADI SRIDEVI, J

Date: 31.01.2025

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