Telangana High Court

CRLP/13030/2025 of Jalam Sirigh, Vs The State of Telangana on 9 October 2025

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COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENIY FIVE PRESENT .,, THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI CRIMINAL PETITI ON NO :'t3030 0F 2025 Between: '1 . Jalam Sirigh, S/o.Du R/o. Posana,SaYla, Jalore Occ.Driver, Aged.36 Years,tga

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THURSDAY, THE NINTH DAY OF OCTOBER

TWO THOUSAND AND TWENIY FIVE

PRESENT .,,

THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI

CRIMINAL PETITION NO:'t3030 0F 2025

Between:

'1 . Jalam Sirigh, S/o.Du

R/o. Posana,SaYla, Jalore

Occ.Driver, Aged.36 Years,

tga Prasad,

Ra.iasthan.

...Petitioner/Accused'1

2. Jabbar Singh Rajpurohith, S/o Khim Raj Occ Business, Aged 44years' H No'

12-1-1O, BJttala Bazar, Warangal Warangal District.

...Petitioner/Accused-2

AND

l.TheStateofTelangana,RepbyitsPublicProsecutor,HighCourtforthe State of Telangana HYderabad.

2. The Sub-lnspector of Police, Raghunathpally Police Station, Warangal District.

...ResPondenUComPlainant

petition under section 528 of BNSS praying inat in the circumstances stated ln the Memorandum of Grounds of criminal Petition, the High court may bepleasedtoquashtheproceedingsinFlRNo.264of2025onthefileof RaghUnathpallyPoliceStation,WarangatDistrictagainStthePetitionersand pass such other order or orders as this Hon'ble.court deems fit and proper in the circumstances of the case.

-

l.A. NO:2 OF 2025

Petition under Section 52g of BNSS praying that in the circumstances stated in the Menrorandum of Grounds of criminar petition, the High court may be pleased to direct the respondents / Raghunathpary porice station, warangar District to releasr: the property 11) RR Gold 21- 168- 5OO=17,64,000/_,2 ) RR1

17- 1O0-20-20=6, ti0,0001 it,s total worth Rs. 24,44,0O0t- and Bollero Goods carrier MAX B/No TS24TA2324, Seized in FrR No. 264 ot 2o2s on the fire of Raghunathpally P,:rice Station, warangar District in favor of the petrtioners.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of crimirrar petition and upon hearing the arguments of Sri Bara Ir/urari Y, Advocate for -'e petitioner and sri v.Jithender Rao, Addr. pubric prosecutor on behalf of the Rr-,spondent No.1 and none appeared for the Respondent No.2.

The Court made the following: ORDER

THE HONOURABLE SMT. JUSTICE JUWADISRIDEVI

CRIMINAL PETITION No.'13030 of 2025

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ORDER

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 against them in F.l.R.No.264 of 2025 of P.S. Raghnathapalli, Warangal District, registered for the offences under Sections 27? and 275 o'f Bharatiya Nyaya Sanhitha,2023 (for short 'BNS') (Prevrously, Sections 272 and 273 of IPC).

Heard Sri Y.Bala Murali, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the State-respondent

3. ln Chidurala Shyamsunder v. State of Telangana', a learned Single Judge of the High Court, by following the guidelines laid down by the Honourable Supreme Ccurt in State of Haryana v. Bhajan LaP, held that the Police ai-e 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 provisicns of the lndian Peiral Code, 1860, and filing charge sheet !s grave illegality, as the Focd Officer alone is tCRL.P.No.373l of 2018l..-r.o bar.h date.i .l;.03.2018 2 1992 Supp (11 SCC 335

competent to investigate and to file charge sheet following the Rules laid down under sections 41 and 42 0f FSS Act. rn the present case, the Porice hiave registered the crime against the petitioner-accused for the offences under section s 272 and 275 0f BNs (previousry, sections 272 and 271\ of lpC), which is contrary to the principle Iaid down in C h i d u rat a S h ya m su n der,s case (supra).

4. ln view of the above, this Criminal petition is allowed and the proceedings against the petitioners_accused Nos.1 and 2 in F.l.R.No.264 of 2025 of p.S. Raghnathapalti, Warangal District, are hereby quashed' The petitioners-accused Nos.l and 2 are alriberty to file appropriate apprication before the triar court for return of seized property on s;uch apprication being fired, the triar court is directed to release the seized property to the petitioners on proper acknowledg ment. As a sequel, pending miscellaneous applications, if any, stand closed To //TRUE COPY// shall Sd/- MOHD. ISMAIL DEPUTY REGISTRAR

SECTION OFFICER

E The Judicial lvlagistrate of First Class, at Jangaon. The Station l-louse Officer, Raghunathpally Police Station, Warangal District One CC to Sri. Bala Murali Y Advocate [OPUC Two CCs to the Public Prosecutor, High Cou( Hyderabad. 'OUTI Two CD CoF,ies. lI I W Y]R /PR or the Slate of Telangana,

HIGH COURT DATED:0911012025

ORDER

CRLP.No.13030 of 2025 CRIMINAL PETITION IS ALLOWED. \D 1P F- (Y:) 'r r"Jl

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