Continuation of proceedings without sufficient charge constitutes an abuse of process.

O R D E R

This Criminal Petition is filed by the petitioner-accused seeking to quash the proceedings against him in C.C.No.7389 of 2024 pending on the file of the learned IX Additional Chief Judicial Magistrate at Hyderabad (for short ‘learned trial Court’), registered for the offences under Sections 420 read with 511 of the Indian Penal Code (for short ‘ IPC ’) and Sections 80 (a) and 181 of the Motor Vehicles Act , 1988 (for short ‘the Act’).

2. Heard Mr.Ibad Ur Rehman Khan, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the State-respondent.

3. The allegation leveled against the petitioner-accused is that he has driven the vehicle, without number plate and without driving license.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and the allegations leveled against him by respondent No.2, do not constitute any alleged offence. He further submitted that the ingredients of Section 420 r/w. 511 of IPC are not made out, since there are no allegations of cheating and dishonest inducement of victim to deliver any property to any person or make, alter or destroy any part of valuable property. Insofar as Section 80(a) of the Act is concerned, the said Section speaks about the procedure in applying for and granting permissions to the vehicles. The said section does not provide any punishment. Further, it is nowhere mentioned in the Act that driving vehicle without number plate is an offence. Therefore, he prayed the Court to quash the proceedings against the petitioner.

5. On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner and submitted that the allegations against the petitioner, required trial. Hence, he prayed the Court to dismiss the criminal petition.

6. Having regard to the submissions made by both the learned counsel and on a perusal of the material available on record, it appears that the only allegation against the petitioner is that he drove the vehicle without number plate, which does not come under the purview of Section 420 r/w. 511 of IPC . Further, the petitioner was also charged for the offence punishable under Section 80 (a) of the Act, which speaks about the procedure in applying for and granting permission to the vehicles. Merely driving the vehicle without number plate does not attract the offence under Section 80 (a) of the Act. If the petitioner drove the vehicle without number plate, the Police have to impose fine against the petitioner as per the rules or register the case under the relevant provisions of law. Further, the averments in the charge sheet do not constitute the offence as alleged against the petitioner. Therefore, the continuation of criminal proceedings against the petitioner amounts to abuse of process of law. Hence, the proceedings against the petitioner are liable to be quashed.

7. Accordingly, this Criminal Petition is allowed and the proceedings against the petitioner in C.C.No.7389 of 2024 pending on the file of the learned IX Additional Chief Judicial Magistrate at Hyderabad, are hereby quashed.

As a sequel, pending miscellaneous applications, if any, shall stand closed.