THE HON’BLE SMT.JUSTICE TIRUMALA DEVI EADA

CRIMINAL PETITION No.12339 of 2025

ORDER:-

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking to quash the proceedings against the petitioners/accused in C.C.No.7840 of 2020, on the file of the learned VII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, registered for the offences under Sections

420 IPC and Section 80(a) of Motor Vehicles Act.

2. Heard Sri Nivarthi Murthyunjaya Sastry, learned counsel for the petitioner/accused as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent

No.1-State.

3. Learned petitioner’s counsel has submitted that the petitioner never entertained any dishonest intention and that he has not cheated anyone but the only allegation he is facing in this case is that the number plate of Honda Activa, which the petitioner has driven, was masked and that the police have filed charge sheet under Section 420 IPC and Section 80(a) of M.V.Act. The contention of the petitioner is that the ingredients, even as per prosecution, are believed to be true, the offence under Section 420

of IPC does not get attracted and only 80(a) of M.V.Act remains, which is only a penal provision and the petitioner can be made to pay penalty and therefore prayed to quash the proceedings against the petitioner.

4. The learned Additional Public Prosecutor objected submitting that the masking of number plate is an offence and that in case any offence is committed by using the said vehicle, that would not leave any clue to trace out the offender and hence prayed to dismiss the petition.

5. Perused the record. The petitioner herein is facing allegations under Sections 420 IPC and Section 80(a) of M.V.Act. The petitioner’s counsel has relied upon the decision of a Coordinate Bench of this Court in Crl.P.No.9953 of 2024 wherein, the proceedings against the petitioner were quashed. The allegations in the said complaint are that the petitioner was going on a vehicle which did not have a number plate and the vehicle was pending registration. In the said circumstances, the Court has held that the ingredients of Section 420 IPC do not get attracted and therefore, the proceedings were quashed against the petitioner in the said case. But the facts of the present case differ from the above stated case as the vehicle is already registered and it is numbered bearing No.TS-13-EH-3842. However, the number plate was masked. The petitioner can for no reason mask the number plate under any circumstances. Therefore, the above referred order is not made applicable to the present facts of the case. Further, C.C.No.7840 of 2020 is pending on the file of the learned VII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad.

6. Thus, in the facts and circumstances of the case, it is deemed appropriate to direct the Trial Court to dispose of C.C.No.7840 of 2020 at the earliest as it is pending for more than 5 years and keeping in view of the circular instructions passed by the High Court. However, considering the submissions of the learned counsel for the petitioner, the presence of the petitioner is dispensed with before the Trial Court provided that the petitioner is represented through an Advocate on every date of hearing and that he shall be present before the Trial Court whenever he are specifically required during the course of trial.

7. Accordingly, the Criminal Petition is disposed of.

8. Miscellaneous petitions pending, if any, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA Dt.22.09.2025 ysk