Telangana High Court
Vinod Kumar Vyas, Owner Of Heera Lal. vs The State Of Telangana on 21 January, 2025
Author: Juvvadi Sridevi
Bench: Juvvadi Sridevi
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 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.
Bhajan Lal 2, held that the Police are incompetent to take cognizance
of the offences punishable under Sections 45 and 59(1) of the Food
1 CRL.P.No.3731 of 2018 and batch dated 27.08.2018
2 1992 Supp (1) SCC 335
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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.
3
As a sequel, pending miscellaneous applications, if any,
shall stand closed.
______________________
JUVVADI SRIDEVI, J
Date: 21-JAN-2025
rev