Shaik Jaabir vs The State Of Telangana on 10 January, 2025

Telangana High Court

Shaik Jaabir vs The State Of Telangana on 10 January, 2025

Author: Juvvadi Sridevi

Bench: Juvvadi Sridevi

      THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI

                   CRIMINAL PETITION No.16406 of 2024

    O R D E R:

This Criminal Petition is filed by petitioner/accused

to quash the proceedings in C.C.No.275 of 2023 on the

file of learned Judicial First Class Magistrate,

Adilabad District. The offences alleged against

petitioner/accused are under Sections 270 and 273 of

Indian Penal Code (for short ‘IPC‘).

02. Heard Sri Soma Ravi Kiran Reddy, learned

counsel for the 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 Lal2, held that the Police are incompetent to

take cognizance of the offences punishable under

1 CRL.P.No.3731 of 2018 and batch dated 27.08.2018
2 1992 Supp (1) SCC 335
2

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 270 and 273 of IPC. Therefore, the

said proceedings in C.C.No.275 of 2023 filed against

the petitioner 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.

04. In view of the above submission, the

present Criminal Petition is allowed in terms of

Chidurala Shyamsubder (supra), and the

proceedings in C.C.No.275 of 2023 on the file of

learned Judicial First Class Magistrate, Adilabad
3

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 learned Court below 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:10.01.2025
KRL