Telangana High Court
G R Suneel vs The State Of Telangana on 21 July, 2023
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.154 of 2023
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner/Accused No.8 seeking to quash the proceedings against him in C.C.No.2330 of 2022, pending on the file of learned XXII Additional Metropolitan Magistrate, Secunderabad, registered for the offences under Sections 420 read with 511 of Indian Penal Code (for short, 'I.P.C.') and Sections 80 (a) and 177 of Motor Vehicle Act (for short, 'M.V. Act').
2. Heard Sri T. Pradyumna Kumar Reddy, learned Senior counsel for the petitioner and Sri S. Ganesh, learned Assistant Public Prosecutor for respondent No.1 - State. Perused the record.
3. The brief facts of the case are that while conducting special drive against "Without Number Plate/Improper Number Plate and Without Registration", respondent No.2 - Sri D. Karnakar, the Sub-Inspector of Police, Trimulgherry L&O Police Station, Secunderabad, along with other staff, at Lal Bazaar Junction, between 5 P.M. and 6 P.M, noticed certain vehicles roaming without number plate/improper number plate and GAC, J 2 Crl.P.No.154 of 2023 without registration, as such, he stopped the said vehicles and enquired the respective persons including the petitioner, who was driving a four wheeler bearing No.AEA 0555 (Maruti Alto
800) without number plate. He further noticed that the said persons did not bother to get the vehicle registered even after providing Temporary Registration numbers for one month and even after getting its Permanent Registration Numbers. Hence, Sri D. Karnakar, the Sub-Inspector of Police, has given a complaint to the Inspector of Police, P.S. Trimulgherry, who in turn, has registered a crime vide FIR No.286 of 2022, dated 03.12.2022, against the petitioner and seven others, for the offences punishable under Sections 420 r/w Section 511 I.P.C. and Sections 80 (a) and 177 of M.V. Act. After investigation, the Police filed a charge sheet and case was numbered as C.C.No.2330 of 2022 on the file of the learned XXII Additional Metropolitan Magistrate, Secunderabad.
4. It is submitted by the learned Senior Counsel appearing for the petitioner that the petitioner is a Chief Operating Officer (CEO) in BUS Global Consulting and he has purchased the subject vehicle i.e., Alto 800 in the year 1995 and the registration of the said vehicle is valid upto 09.03.2023; that registration, insurance and all the necessary documents relating to the vehicle are in the name of the petitioner; and that the GAC, J 3 Crl.P.No.154 of 2023 petitioner is an innocent person and a false complaint has been foisted against him.
5. It is further contended that the petitioner has filed an application before the trial Court for interim custody of the seized vehicle and the trial Court vide order dated 17.12.2022 in Crl.M.P.No.2948 of 2022 in Cr.No.286 of 2022 granted interim custody of the vehicle to the petitioner and directed the police to take photographs of the vehicle and file the same before the trial Court.
6. It is also contended that none of the ingredients of the offence under Section 420 r/w 511 I.P.C. is attracted to the facts of the present case and that the offences punishable under Sections 80(a) and 177 of the M.V.Act are compoundable by paying a fine of Rs.200/- and therefore, prayed to quash the proceedings against the petitioner.
7. On the other hand, learned Assistant Public Prosecutor contended that it is not a fit case to quash the proceedings against the petitioner at this juncture and the matter has to be decided only after conducting trial by the Court below.
8. On a perusal of the record, it is evident that the crime was registered on 03.12.2022 and the subject vehicle was seized on the same day. Further, the petitioner has filed a petition under GAC, J 4 Crl.P.No.154 of 2023 Section 451 r/w 457 Cr.P.C before the trial Court for return of the subject vehicle and the said petition was allowed by the trial Court vide order dated 17.12.2022.
9. The photographs filed by the petitioner show that the car was in front of police station on 23.12.2022 at 1.58 P.M. and the said car contains the number plate i.e., AEA 555. The Photostat copy of the Registration Certificate issued by the Registering Authority, RTA, Uppal, also discloses the said registration number. As per the Registration Certificate, registration of the subject vehicle is valid up to 09.03.2023. The order was passed by the trial Court directing release of the subject vehicle on 17.12.2022 and the photograph was taken on 23.12.2022. Therefore, this Court is of the considered view that the subject vehicle, which was seized by the police, contains number plate as on the date of seizing it.
10. It is apt to refer to Section 420 I.P.C. and Section 177 of the M.V.Act, which read as under:
Sections 420 I.P.C:
"Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine."
GAC, J 5 Crl.P.No.154 of 2023 Section 177 of the M.V.Act reads as follows:
"Whoever contravenes the regulations made under Section 118, shall be punishable with fine which shall not be less than five hundred rupees, but may extend to one thousand rupees."
11. On perusal of Section 420 I.P.C. and Section 177 of the M.V.Act, it is evident that the allegations made against the petitioner would not attract the ingredients of the said Sections and therefore, it is a fit case to be quashed.
12. In view of the above, the Criminal Petition is allowed and the proceedings against the petitioner in C.C.No.2330 of 2022 on the file of XXII Additional Metropolitan Magistrate, Secunderabad, are hereby quashed.
Miscellaneous applications, if any pending, shall stand closed.
_______________________________ G. ANUPAMA CHAKRAVARTHY, J 21st JULY, 2023.
PRN GAC, J 6 Crl.P.No.154 of 2023 HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY CRIMINAL PETITION No.154 of 2023 21st JULY, 2023.
PRN