Telangana High Court: The present petition was filed under Section 528 of the Nagarik Suraksha Sanhita, 2023 to quash the proceedings against petitioner-Accused 1 in a case registered in Charminar Police Station, Hyderabad, for the offences punishable under Section 4201 of the Penal Code, 1860 (‘IPC’) and Section 80 of the Motor Vehicles Act, 1988 (‘the 1988 Act’). A Single Judge Bench of K. Sujana, J., held that the act of driving a vehicle without a number plate did not come under the purview of Section 420 of IPC and Section 80 of the 1988 Act.
Respondent 2, Sub-Inspector of Police, lodged a complaint against petitioner stating that while conducting vehicle checking at Gulzar House X road, petitioner was driving a two-wheeler without the number plate and on asking the behind it, petitioner gave hasty answers. Therefore, Respondent 2, seized the vehicles and brought them to the police station along with petitioner. Thereafter, a case was registered for the offences punishable under Section 420 of IPC and Section 80 of the 1988 Act.
Counsel for petitioner submitted that petitioner was innocent, and the allegations leveled against him did not constitute any offence and to attract Section 420 of IPC, the accused must cheat and dishonestly induce the victim to deliver any property to any person or make, alter, or destroy a part of valuable property. In the present case, the subject vehicle did not belong to Respondent 2, nor was he cheated for travelling without a number plate. He further submitted that Section 80 of the 1988 Act prescribed for exhibition of a registration number and the said section did not provide for any punishment. Further, it was nowhere mentioned in the 1988 Act that driving a vehicle without a number plate was an offence.
The Court noted that the only allegation against petitioner was that he drove the vehicle without a number plate and so his vehicle was seized. The Court stated that this act did not come under the purview of Section 420 of IPC and driving vehicle without number plate did not attract Section 80 of the 1988 Act as that section states the procedure in applying for and granting permits to the vehicles.
The Court stated that if petitioner drove the vehicle without any number plate, the police has to impose a fine against petitioner as per the rules or register the case under the provision concerned. The Court held that the contentions did not constitute the offence as alleged against petitioner, hence, the proceedings against petitioner were liable to be quashed.
The Court allowed the criminal petition and the proceedings against petitioner were quashed.
[Vasundhara Chary Vasunder Chary Ravulakola v. State of Telangana, 2024 SCC OnLine TS 1885, decided on 11-09-2024]
Advocates who appeared in this case:
For the Petitioner: Baglekar Akash Kumar, Counsel
For the Respondents: D. Arun Kumar, Additional Public Prosecutor
1. Section 318(4) of Nyaya Sanhita, 2023
Buy Penal Code, 1860 HERE
