Driving Vehicle Without Number Plate Not Offence U/s. 420 IPC: Telangana HC Quashes Cheating Case Against Two-Wheeler Driver

The Telangana High Court has quashed a cheating case registered against a two-wheeler driver accused of driving without a number plate, ruling that such an act does not fall under the purview of Section 420 of the Indian Penal Code (IPC), which pertains to cheating and dishonestly inducing delivery of property.

The Single-Judge Bench of Justice K. Sujana, noted that the sole allegation against the petitioner, driving without a number plate, does not attract Section 420 of the IPC.

"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) 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," the Court said.

Additionally, the Court addressed the application of Section 80(a) of the Motor Vehicles Act, 1988, concluding that it pertains to the procedure for applying and granting vehicle permits and does not specifically address the offence of driving without a number plate.

“In light of the submissions made by both counsel and upon reviewing the material available, it is evident that the only allegation against the petitioner is that he drove the vehicle without a number plate, which does not come under Section 420 IPC. Further, the petitioner was also charged under Section 80(a) of the Motor Vehicles Act, which relates to the procedure for vehicle permits and does not address driving without a number plate,” the Court observed.

The case stemmed from a routine vehicle check, during which police stopped the petitioner, driving a two-wheeler without a number plate. The vehicle was subsequently seized, and a case was registered at Charminar Police Station under Section 420 IPC and Section 80(a) of the Motor Vehicles Act.

Challenging the charges, the petitioner approached the High Court seeking quashing of the case. During the hearing, the Petitioner's counsel, Advocate Baglekar Akash Kumar, argued that the allegations did not constitute an offence under either law. He pointed out that Section 420 IPC requires elements of cheating and dishonest inducement, which were not present in this case. Additionally, Kumar noted that Section 80(a) of the Motor Vehicles Act prescribes the exhibition of registration numbers but does not specify punishment for driving without a number plate.

On behalf of the State, Additional Public Prosecutor D. Arun Kumar opposed the quashing of proceedings, arguing that the allegations merited a trial.

However, the Court found that the complaint’s allegations did not constitute an offence under the sections invoked and directed that the case against the petitioner be quashed.

The Single Judge also clarified that in instances of driving without a number plate, the appropriate action for the police would be to impose a fine in accordance with the relevant rules or to charge the driver under the appropriate provisions of the law.

"The petitioner was also charged for the offence punishable under Section 80(a) 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) 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 averments in the complaint does not constitute the offence as alleged against the petitioner. Hence, the proceedings against the petitioner are liable to be quashed," the Bench noted.

Accordingly, the Court ordered, "The criminal petition is allowed, and the proceedings against the petitioner in Crime No. 140 of 2024 of Charminar Police Station, Hyderabad, are hereby quashed. Miscellaneous applications, if any pending, shall also stand closed."

Cause Title: Vasundhara Chary Vasunder Chary Ravulakola v. The State of Telangana

Appearance:-

Petitioner: Advocate Baglekar Akash Kumar

Respondent: Additional Public Prosecutor D. Arun Kumar

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