THE HON’BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.13452 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 petitioner/accused No.3 in C.C.No.8323 of 2022 on the file of the learned III Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, registered for the offences under Sections 420 r/w. 511 of IPC and Sections 80(a) and 177 of Motor Vehicles Act, 1988 (for short ‘MV Act’).

2. Heard Mr.Mohd. Islamuddin Ansari, learned counsel for the petitioner/accused No.3 as well as Sri Jithender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. 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 at Maitrivanam Junction, Hyderabad, they stopped 4 two-wheeler vehicles, driven by the petitioner along with other accused, without number plate. Thereafter, a case was registered vide Crime No.794 of 2022 for the offences punishable under Section 420 r/w. 511 of IPC and Sections 80 (a) and 177 of the MV Act.

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 MV 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. Learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner and submitted that the allegations against the petitioner, requires trial.

Hence, he prayed the Court to dismiss the petition.

6. Perused the record.

7. 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 MV 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 MV Act. Further, Section 177 of the MV Act does not attract in this case. Section 39 of the MV Act states necessity of registration and specifies that every vehicle should carry a registration mark displayed in the prescribed manner. However, contravention of Section 39 of the MV Act is punishable under Section 192 of the MV Act. So, the present provision does not attract the said offence. 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.

8. Accordingly, this Criminal Petition is allowed and the proceedings against the petitioner/accused No.3 in C.C.No.8323 of 2022 on the file of the learned III Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, are hereby quashed.

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

____________________________ JUSTICE TIRUMALA DEVI EADA Dt.16.10.2025 lk