Bongu Chancelrashekar vs The State Of Telangana on 22 January, 2025

Telangana High Court

Bongu Chancelrashekar vs The State Of Telangana on 22 January, 2025

Author: Juvvadi Sridevi

Bench: Juvvadi Sridevi

      THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI

                     CRIMINAL PETITION No.136 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 petitioners-accused Nos.1 and 2 to quash

the proceedings in C.C.No.727 of 2024 on the file of

Judicial First Class Magistrate at Yellandu, 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 270 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
2

Bhajan Lal2, held that the Police are incompetent to

take cognizance of the offences punishable under

Sections 54 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

270 and 273 of IPC). Therefore, the said proceedings

initiated against the petitioner in C.C.No.727 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

2 1992 Supp (1) SCC 335
3

Chidurala Shyamsubder (supra), and the

proceedings in C.C.No.727 of 2024 of Judicial First

Class Magistrate at Yellandu, Bhadri Kothagudem

District, are hereby quashed. The petitioners-accused

Nos.1 and 2 are 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: 22-01-2025
BV