THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.5865 OF 2025

O R D E R:

This Criminal Petition is filed under Section 528 of Bharatiya Nyaya Sanhita, 2023 (for short “BNSS”) by the petitioner/accused No.5, aggrieved by the charge sheet in C.C.No.11818 of 2024 on the file of the VII Additional Chief Metropolitan Magistrate, at Nampally, Hyderabad and to quash the same. The offences alleged against him are under Section 420 r/w Section 511 of IPC, and Section 80 (a) and Section 177 of Motor Vehicle Act, 1988 (for short ‘the Act’).

2. Heard learned counsel for the petitioner, and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for the respondent – State. Perused the record.

3. The brief facts of the case are that the Sub-Inspector of Police lodged a complaint against the accused stating that, when he, along with his staff, were conducting vehicle check at Moosarambagh X road, they stopped the two-wheeler vehicles which were not having number plates. When they questioned the accused, the accused stated that the vehicle owners had registered their vehicles but did not install number plates intentionally, which amounts to violating the traffic rules and avoiding traffic challans to cheat the Government. Therefore, respondent No.2 seized the vehicles and brought them to the Police Station along with the accused. Thereafter, a case was registered, vide Crime No.237 of 2024 for the above offences.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and the allegations leveled against him 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 any part of valuable property. In the present case, it is nowhere mentioned that the subject vehicle belongs to the petitioner or that he has cheated just for travelling without a number plate. Therefore, the offence punishable under Section 420 of IPC is not attracted. He further submitted that Section 80 (a) 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 that driving vehicle without a number plate is an offence. Therefore, he prayed the Court to quash the proceedings against the petitioner.

5. On the other hand, the learned Assistant 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 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 a 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) of the Act and the said Section speaks about the procedure of applying for and granting permits to the vehicles. Therefore, driving the vehicle without a number plate does not attract Section 80 (a) of the Act. Therefore, the offences alleged against the petitioner do not attract any offences. As the offence under Section 420 of IPC is not attracted, the other offences alleged against the petitioner are also not attracted. Further, if the petitioner drove the vehicle without any number plate, the Police has to impose a fine against the petitioner as per the rules or register a case under the concerned provision. The averments in the complaint do 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 C.C.No.11818 of 2024 on the file of the VII Additional Chief M