Sarem Nagaraju v. Assistant Sub-Inspector And Another
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUONDAY, THE EIGHTEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTIGE K.LAKSHMAN CRIMINAL PETITION NO: 6708 OF 2020 Between:
1. Sarem Nagaraju, S/o Joga Rao Aged about 30 yrs,Occ. Driver R/o Ramachandrapuram, Gundepudi Village, Julurupadu Mandal, Khammam District,
2. Malempati Shiva, S/o Rambabu, Aged About 22 Years, Occ. Cooli, R/o H.No9-386,Subash Nagar Colony, Bhadrachalam, Khammam District.
3. Uppal Srinivas, S/o Narayana Rao Aged About 32 Years, Occ. Business, R/o. H.No. B-1-33, Post Office Road, Bhadrachalam, Khammam District. ...PETITIONER/ACCUSED Nos.1 to 3 AND 1, Assistant Sub-lnspector of Police, Police station Yelandu, Badradri Kothagudem District ...RESPONDENT/COMPLAINANT
2. The State cf Telangana, Represented by its Public Prosecutor, High Court at Hyderabad ,..RESPONDENTiCOMPLAINANT Petition under Section 482 Rlw 451 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash all further proceedings against the Petitioners in Crime No 250 of 2020 on the file of Police station Yelandu Badradrl Kothagudem District. l.A. NO: 1OF 2020 Petltion under Section 482 ol Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to direct to return the Amber packets and Ashok Leyland vehicle Bearing No. TS 28TA01 3 1 seized by the 1"t Respondent in Crime No 250 of 2020 on the file of Police station Yelandu Badradri Kothagudem District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of M/s C.Sunitha Kumari, Advocate for the Petitioners and the Public Prosecutor on behalf of the Respondent.
The Court made the following: ORDER
THE HON,BLE JUSTICE K.LAKSHMAN CRIMINAL PETITION No.67O8 of 2O2O ORDER:
This application is filed under Section 482 Cr.P.C. to quash the proceedings in Crime No.250 of 2O2O, pending on the file of Yelandu Police Station, Bhadradi-Kothagudem District against the petitioners/A1 to A,3. The offences alleged against them are under Sections 27O and 273 IPC.
Learned counsel for the petitioners as well as the learned Assistant Public Prosecutor would submit that the subject matter is squarely covered by a common order dated 27.O8.2O18 passed by the High Court of Judicature at Hyderabad for the State of Telangana and Andhra Pradesh in Cr1.P.No.3731 of 2018 and batch, and placed copy ofthe said judgment for perusal. Perused the common order dated 27 .O8,2O18 in Cr1.P.No.
3731 of 2018 and batch, wherein a learned Single Judge of the High Court of Judicature at Hyderabad for the State of Teiangana and Andhra Pradesh following the guidelines laid down by the Hon'ble Supreme Court in State of Haryana v Bhajan Lalr' 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, 2OO6, investigating into the offences along with other offences under the provisions of IPC and I filing charge sheet is a grave illegality, as the Food Safety Officer I I alone is competent to investigate and to file charge sheet following the Rules laid down under Section4l and 42 of FSS Act. I 1992 Supp.
') In view of the above submission, the present Criminal Petition is allowed in terms of the judgment in Crl.P.No.3731 of 2O18 and batch decided on 27.O8.2OL8 and the proceedings in Crime No.25O of 2O2O of Yellandu Police station, Bhadradri Kothagudem District are hereby quashed against the petitioners-accused Nos.1 to 3.
It is submitted by the learned counsel for the petitioners that the police have seized property consists of Amber packets and the vehicle viz., Ashok Leyland No.TS 28 TA 0131 and the same are in the custody of the Police, Yellandu Police Station, and sought direction for return of the said proPerty to the petitioners.
Since the proceedings in Crime No.25O of 2O2O are quashed against the petitioners/A-1 to A-3, the Station House Officer, Yellandu Police Station, Bhadradri - Kothagudem District, are directed to return the seized property i,e., 24 bags ofAmber packets, each contains 1OO packets, all worth of Rs.6,OO,OOO/- including the crime vehicle bearing No'TS 28 TA 0131, to the petitioners on verifying the documents with regard to ownership ofthe said property.
Miscellaneous Petitions, if any, pending in this Petition, shall stand closed.
SDi. M.MANJULA ASSISTANT REGISTRAR i Note: Amended as per Court Order dated. 08.02.2021 in l.A.No.'l of 2021 in Crl.P No.670B of 2O2O by inserting annexed paras immediately after the unnumbered paragraph No.3.
This amended order substations earlier order '18.01.2021, which was dispatched on 23.01 .2021 SD/T.M.MANJULA ASSISTANI RE]STRAR //TRUE coPYit W sEcL€ry oFFlcER To,'1. The Judicial First class Magistrate at Yellandu, Badradri Kothagudem District
"l 'r/ , The Station House Officer' Badradri Kothagudem Police Station' Yellandu' ;ffiffiqfli;5utpl5g.ruili$t3:ft'?"t",ft'SJ,t"otr"r,nganaHvderabad u. t?uo'Jo "o0,".
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HIGH COURT KLJ DATED:1810112021 DATED: 0810212021 { :
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Joo 1 7 tEB flr21 * * o AMENDED ORDER ,..s CRLP.No.6708 ot 2020 Disposing of the CRL.P \ rl0