The High Court · 2025

Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the C C No 9964 of 2023 of P.S Falaknuma, pending on the file of the XVI ACJ[/, At Nampally, Hyderabad against the petitioner /Accused No. 2 l.A. NO: 2 OF 2025 I I Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Stay of all further proceedrngs C.C No. 9964 of 2023 of P.S Falaknuma, pending on the file of the XVI ACJI\/, At: Nampally, Hyderabad against the petitioner /Accused No. 2 pending disposal of the present Criminal Petition. This Petition coming on for hearing, upon perusing lhe Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr KHAJA ARAJUDDIN, Advocate for the Petitioner and Mr. JITHENDER RAO VEERAMALLA, the Additional Public Prosecutor on behalf of Respondent No.1 and none appeared for the Respondent No.2 The Court made the following: ORDER IN 'tHE HIGH COURT FORTHE STATE OF TELANGANA AT HYDT]RABAD .I'HE IIo\()I RAI}LE SRI .II.'S'IICI] .I.SREE,NIVAS IIAO CRIMINAL PETITION No.16279 of 2025 Date:09.12.2025 Bt: tween: Mohd Abdullah ANI) ...petltloner -I'he State ol' Telangana, Ilepresented by its Pubtic Prosecutor, High Court olTelangana, at Hyderabad and another ..respondents ORDER This Criminal Petition has been filed seeking to quash the proceedings in C.C.No.9964 of 2023, pending on the file of XVI Additional Chief Metropolitan Magistrate, at Nampally, Hyderabad, wherein the petitioner was arrayed as accused No.2 for tlre offbnces punishable under Sections 279,420 of the lndian Penal Code, 1860 (for short 'lPC') and Section 177 o1'Motor Vehicle Act (for short'MV Act'). :i : i I ! : I I I 2

2. Heard Mr. Kha.ia ArajLrddin, leamed counsel for the petitioner and Mr. .lithendar Rao Veerarnalla, lcarned Additional Public Prosecutor for rcspondent No.l.

3. Learned counscl for the pctitioner subtnitted that the petitioner has not committed alleged ollence and he is falsely implicated in the present crime. Even according to the allegations made in the cornplaint, do not attract thc ir-rgredients under Sections 219, 420 of IPC and Section ll7 <tl- MV Act. He further suhmitted that the issue raised in this crinrinal petition is squarely covered by the order passed by this Court in Crl.P.No.9953 of 2024. dated 11.09.2024.

4. Per contra, learned Additional Pr,rblic Prosecutor subrnitted that there are specific allegations against the petitioner to attract the ingredients of Sections 279, 420 of IPC and Section 177 of MV Act. Whether the petitioner has committed the ollence or not has to be revealed during the course ol investigation. Hence, the petitioner is not entitled to seek quashment of proceedings against him. However, the lcarned Additional Public Prosecutor has not 3 disputed the order passed by this Courl in Crl.P.No.9953 of

2024. dated 1l .09.2024 -faking i. into considcration the srrbrnissiorts made b1' the respective parties and the order passed by this Court in Crl.P.No.9953 of 2024, dated I1.09.2024, this criminal petition is allorved.'['he proceedings against the petitioner/accused No.2 in C.C.No.9964 of 2023, pending on the file of XVI Additional Chiel Mctropolitan Magistrate, at Nampally. are hereby quaslied []urther thc Station FIoLrse Officer/lnvestigating Oltlcer is hereby directed to return the seized property on proper identification and verification under due acknowledgment Pending miscellaneous applications, if any, shall stand c losed. SD/. P.C.SULEKHA DEVI SSISTANT REGISTRAR /iTRUE COPY' ___________a _ SECTION OFFICER To, 'I The XVI Addl. Chief Metropolitan Magistrate at Nampally,Hyderabad 2. The Station House Officer, Falaknuma Police Station, Hyderabad. 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad. [OUT]

4. One CC to Mr. KHAJA ARAJUDDIN, Advocate [OPUC] 5. Two CD Copies _-__-=-.__+=:€*ffi+,t tW- C'nrL " Enclosed the copy of order in Crl p No.9953/2024, dt.1110912024 to this order. ---.='-- HIGH COURT DATED: 0911212025 \ .' ORDER CRLP.No.16279 of 2025 -f t-lt i;i l ( 'rl i-I (l iF 7 * * r)./r -a) \ Accordingly, this Criminal Petition is Allowed. 1 t\ K9 a ?6 @ THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.9953 of 2024 ORDER: This Criminal Petition is fi1ed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (for short tsNSSJ to quash the proceedings against the petitioner/accused No. 1 in Crime No.14O of 2024 of Charminar Police Station, Hyderabad, registered for the offences punishabie under Section 42O of the Indian Penal Code, 1860 (for short 'lPC') and Section 80(a) of the Motor Vehicles Act, L98B (for short the Act').

2. The brief facts of the case are that respondent No.2-Sub Inspector of Police, lodged a complaint against the accused stating that when he along with his staff are conducting vehicle checking at Gulzar House X road, they stopped 3 two- wheeler vehicles, driven by the accused, without number plate and that when they asked them why they are driving the vehicles without number plate, they gave hasty answers. Therefore, respondent No.2, seized the vehicles and brought them to Police Station along with the accused. Thereafter, a 2 srs,J CrLP.No.9953 of 2O24 case was registered; uide Cime No.140 of 2024 for the offences punishable under Section 42O of IPC and Section B0 (aJ of the Act.

3. Heard Sri Baglekar Akash Kumar, 'learned counsel appearing on behalf of the petitioner as well as Sri D. Arrn Kumar, learned Additional Public Prosecutor appearing on behalf of the respondents.

4. Learred counsel for the petitioner submitted that the petitioner is innocent and the allegations leveled against him b-v respondent No.2, do not constitute any offence. He further submitted that to attract Section 42O of IPC, the accused has to cheat and dishonestly induce the victim to deliver any propert], to any person or make, alter or destroy an part of valuable property. In the present case, it is nowhere mentioned that the subject vehicle belongs to respondent No.2 or that he has been cheated just for travelling without number plate. Therefore, the offence punishable under Section 420 of IPC does not constitute. He further submitted that Section 8O(a) of the Act prescribes for exhibition of Registration number. The said section does not provide for any punishment. Further, it is nowhere mentioned in the Act for 3 SI(S,J Crl-P.No.9953 oI 2024 driving vehicle is an olfence without number plate. Therefore, he prayed the Court to quash the proceedings against the petitioner.

5. On the other hand, learned Additional Public Prosecutor opposed the submissions made by the learned counsel for the petitioner and submitted that the allegations against the petitioner, required trial. Hence, he prayed the Court to disrniss the criminal petition.

6. 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 42O 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. Further, if the petitioner drove the vehicle without any number plate, the Police have to impose fine against the petitioner as per the rules or register the case I I i 4 srs,J Crt.P,No-9953 of 2o24 under the concerned provision. Further, the averments in the complaint does not constitute the offence as alleged against the petitioner. Hence, the proceedings against the petitroner are liable to be quashed. 7 - Accordingly, the criminal petition is allowed and the proceedings against the petitioner in Crime No. 140 of 2024 of Charminar Police Station, Hyderabad, are hereby quashed. Miscellaneous applications, if any pending, shall also stand closed. Date: I1.O9.2024 K,SUJANA, J I I I