Telangana HC quashes cheating case against two-wheeler driver over missing number plate [Read Order]

Telangana: The Telangana High Court has ordered quashing proceedings against a two-wheeler driver who was charged with cheating for driving without a number plate.

Justice K. Sujana quashed the proceedings against the petitioner in Crime No.140 of 2024 of Charminar Police Station, Hyderabad, registered for offences punishable under Section 420 of the Indian Penal Code (IPC) and Section 80(a) of the Motor Vehicles Act, 1988.

The court noted that the only allegation against the petitioner was that he drove the vehicle without a number plate, which does not fall under the purview of Section 420 of the IPC. Justice Sujana observed that to invoke Section 420 of the IPC, the accused must have cheated and dishonestly induced the victim to deliver any property or make, alter, or destroy a valuable security.

Further, the court observed that Section 80(a) of the Motor Vehicles Act concerns the procedure for applying for and granting permits to vehicles. Therefore, driving a vehicle without a number plate does not invoke Section 80(a) of the Act.

The court stated, “If the petitioner drove the vehicle without a number plate, the Police should impose a fine against the petitioner as per the rules or register the case under the appropriate provision.”

Expressing dismay, the court noted that the averments in the complaint did not constitute the offence alleged against the petitioner. The court held that the proceedings against the petitioner were liable to be quashed.

In conclusion, the court allowed the criminal petition, quashing the proceedings against the petitioner in Crime No.140 of 2024 of Charminar Police Station, Hyderabad. The court also clarified that any pending miscellaneous applications shall stand closed.
 

[Read Order]