Driving Vehicle Without Number Plate Not 'Cheating' U/S 420 IPC: Telangana High Court

While quashing a cheating case registered against a two wheeler driver, the Telangana High Court said that the allegation of driving a vehicle without a number plate does not attract Section 420 IPC.

A single judge bench of Justice K. Sujana noted that the sole allegation against the accused–of driving without a number plate, does not fall under the purview of Section 420 (Cheating and dishonestly inducing delivery of property) of IPC.

Regarding Section 80(a) of the Motor Vehicles Act, the court said that the provision deals with the procedure for applying and granting permits to vehicles and does not specifically address the offence of driving without a number plate.

“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) 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," the court observed.

The high court further said that if the petitioner drove the vehicle without a number plate, the Police will have to "impose a fine" as per rules or register the case under the concerned provisions.

The court also observed that the averments in the complaint did not constitute the offence as alleged against the petitioner, and went on to quash the case registered against the petitioner.

The case emerged from a routine vehicle checking operation where police stopped the petitioner who was driving a two-wheeler without a number plate. Subsequently, the police seized the vehicle and registered a case at Charminar Police Station, under Section 420 of IPC and Section 80(a) of the Motor Vehicles Act, 1988

Pursuant to this the petitioner approached the High Court praying for quashing of the case.

During the hearing, the petitioner's counsel, Baglekar Akash Kumar, argued that the allegations did not constitute any offence. He contended that Section 420 of IPC requires cheating and dishonest inducement to deliver property, which was not applicable in this case. He further argued that Section 80(a) of the Motor Vehicles Act only prescribes the exhibition of registration numbers and does not provide for punishment. The counsel emphasized that driving without a number plate is not specified as an offence in the Act.

On the other hand, Additional Public Prosecutor D. Arun Kumar appearing for the state, opposed the quashing of proceedings, asserting that the allegations against the petitioner required a trial.

CRIMINAL PETITION No.9953 of 2024

Counsel for petitioner: Baglekar Akash Kumar

Counsel for respondent: D. Arun Kumar APP

Citation: 2024 LiveLaw (Tel) 151

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