The Telangana High Court has ruled that driving a vehicle without a number plate does not amount to the offence of cheating under Section 420 of the Indian Penal Code (IPC). This observation was made while dismissing a cheating case against a two-wheeler rider for driving without a number plate.

Justice K. Sujana, who presided over the case, highlighted that the act of driving without a number plate lacks the essential elements of cheating or dishonestly inducing the delivery of property, which are necessary to establish an offence under Section 420 of the IPC.

“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,” the court stated.

The case originated when the petitioner, a two-wheeler rider, was stopped during a police vehicle check at Gulzar House X Road in Hyderabad. The police discovered that the petitioner, along with two others, was driving without a number plate. When questioned, the drivers reportedly gave evasive answers, leading the police to seize their vehicles and register a case under Section 420 of the Indian Penal Code (cheating) and Section 80(a) of the Motor Vehicles Act, 1988. The complaint was lodged by the Sub-Inspector of Charminar Police Station, alleging that the drivers were attempting to evade proper vehicle registration procedures.

Advocate Baglekar Akash Kumar, representing the petitioner, sought the quashing of the case, arguing that there was no evidence of dishonest inducement or any fraudulent alteration of property, which is essential to establish an offence under Section 420 IPC. As for Section 80(a) of the Motor Vehicles Act, the counsel maintained that the section merely outlines the procedure for displaying registration numbers and does not criminalize driving without a number plate. Thus, no offence was committed under the Motor Vehicles Act either.

On the other hand, Additional Public Prosecutor D. Arun Kumar opposed the quashing of the case, arguing that the matter required judicial scrutiny through a trial.

After reviewing the facts and arguments, the court concluded that the allegation of driving without a number plate did not constitute an offence under Section 420 IPC, which requires elements of cheating or dishonest inducement. The court also pointed out that Section 80(a) of the Motor Vehicles Act pertains to registration procedures and does not impose criminal liability for driving without a number plate. The court suggested that the appropriate action by the police should have been to impose a fine or initiate proceedings under relevant legal provisions.

Given the lack of merit in the charges, the court quashed the proceedings against the petitioner and dismissed the case, stating that “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.”

Cause Title: Vasundhara Chary Vasunder Chary Ravulakola v State of Telangana [CRLP No.9953 of 2024]