Telangana High Court
Hashmath vs The State Of Telangana And Another on 23 September, 2022
Author: Chillakur Sumalatha
Bench: Chillakur Sumalatha
THE HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA
CRIMINAL PETITION No.8605 of 2022
ORDER:
Heard the submission of Sri K. Satish Chakravarthy, learned counsel for the petitioner, as well as the learned Assistant Public Prosecutor, who is representing respondent Nos.1 and 2.
2. Seeking to quash the proceedings that are pending against the petitioner in Crime No.294 of 2022 of Asifnagar Police Station, the present Criminal Petition is filed.
3. Making his submission, learned counsel for the petitioner contends that the only allegation that is levelled against the petitioner is that he was using a Four Wheeler without number plate and the said violation cannot be termed to be a penal offence either under Section 420 or under Section 511 IPC and, hence, continuation of proceedings against the petitioner is undesirable.
4. The learned Assistant Public Prosecutor, on the other hand, states that the police would file a final report/charge sheet by indicating the correct provision of law. Learned Assistant Public Prosecutor failed to state as to how the case falls within the 2 Dr. CSL,J Crl.P.No.8605 of 2022 purview of either under Section 420 or Section 511 IPC, as indicated in the First Information Report.
5. It is not the version of the Investigating Agency that the petitioner has committed any acts of cheating and thereby dishonestly induced the person so deceived to deliver any property to any person or has committed any of the acts as indicated under Section 420 IPC. Therefore, this Court is of the view that that the case facts does not fall within the ambit of Section 420 IPC.
6. Likewise, coming to Section 511 IPC, it prescribes punishment of attempt to commit an offence punishable with imprisonment for life or other imprisonment where no express provision is made in Indian Penal Code for such an attempt to commit the offence. The case facts, as rightly contended by learned counsel for the petitioner, does not fit to the contents of Section 511 IPC also. However, that does not mean that the First Information Report has to be quashed.
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Dr. CSL,J Crl.P.No.8605 of 2022
7. Therefore, indicating the view of the Court, this Criminal Petition is disposed of accordingly. The Station House Officer, Asifnagar Police Station/Investigating Officer is directed to take note that the case facts, as produced through the contents of the complaint, which is given by the Sub-Inspector of Police, Asifnagar Police Station, through the Inspector of Police of the same Police Station, does not fall within the ambit of either under Section 420 IPC or under Section 511 IPC. Therefore, no steps should be taken against the petitioner for the said offences. However, the Investigating Agency is at liberty to proceed against the petitioner, in case the case facts fall within the ambit of any of the other provisions of either Indian Penal Code or the Motor Vehicles Act or any other Legislation.
8. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA 23.09.2022.
Msr 4 Dr. CSL,J Crl.P.No.8605 of 2022 THE HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.8605 of 2022 23.09.2022 (Msr)