THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.11371 of 2024

ORDER

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) to quash the proceedings against the petitioner/accused No.2 in Crime No.162 of 2024 of Sultan Bazar Police Station, Hyderabad, registered for the alleged offences punishable under Section 420 of the Indian Penal Code, 1860 (for short ‘IPC’) and Section 80(a) read with 177 of the Motor Vehicles Act, 1988 (for short ‘the Act’).

2. The brief facts of the case are that respondent No.2-Sub Inspector of Police, lodged a complaint against the accused stating that when he along with his staff are conducting vehicle checking in front of Andhra Bank, Koti, Hyderabad as a part of special drive, they stopped 3 two-wheeler vehicles, driven by the accused, without number plate and that when they asked them why they are driving the vehicles without number plate, they gave hasty answers. Therefore, respondent No.2, seized the vehicles and brought them to Police Station along with the accused. Thereafter, a case was registered; vide Crime No.162 of 2024 for the offences punishable under Section

420 of IPC and Section 80(a) read with 177 of the Act.

3. Heard Sri Sanjeev Reddy Gillella, learned counsel for the petitioner and Sri Arun Kumar Doddla, learned Additional Public Prosecutor for respondent No.1 – State.

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 offence. He further submitted that to attract Section 420 of IPC, the accused has to 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, it is nowhere mentioned that the subject vehicle belongs to respondent No.2 or that he has been cheated just for travelling without number plate. Therefore, the offence punishable under Section 420 of IPC does not constitute. He further submitted that Section 80(a) read with 177 of the Act prescribes for exhibition of Registration number. The said section does not provide for any punishment. Further, it is nowhere mentioned in the Act for driving vehicle is an offence without number plate. 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. In the light of the submissions made by both the learned counsel and 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, as such, the vehicle was seized, which does not come under the purview of Section 420 of IPC. Further, the petitioner was also charged for the offence punishable under Section 80(a) read with 177 of the Act and the said Section speaks about the procedure in applying for and granting permits to the vehicles. Therefore, driving the vehicle without number plate does not attract Section 80(a) read with 177 of the Act. Further, if the petitioner drove the vehicle without any number plate, the Police have to impose fine against the petitioner as per the rules or register the case under the concerned provision. Further, the averment in the complaint does not constitute the offence as alleged against the petitioner. Hence, the proceedings against the petitioner are liable to be quashed.

7. Accordingly, the criminal petition is allowed and the proceedings against the petitioner in Crime No.162 of 2024 on the file of Sultan Bazar Police Station, Hyderabad, are hereby quashed.

Miscellaneous applications, if any pending, shall also stand closed.

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K. SUJANA, J Date: 24.09.2024 PL