The Supreme Court has recently quashed a fraud case registered against a person. He was accused of covering the rear number plate of his scooter with a black mask. The bench of Justice Sanjay Karol and Justice Augustine George Masih said that the police’s apprehension that the number plate was hidden to avoid challan is merely a presumption.
The court clarified that hiding a number plate can be grounds for imposing a fine under the Motor Vehicle Act (MV Act), but it cannot be considered an offense of fraud under Section 420 of the IPC. The bench said that for fraud, essential elements such as dishonest intention, inducing someone, and loss of property must be present, which are not present in this case.
What was the entire case?
Petitioner Mohammad Abdul Ahad Shaker was riding his Honda Activa, which had a black mask on the rear number plate. A police officer on patrol stopped him and filed an FIR under Section 420 of IPC and Section 80(A) of MV Act, alleging that he was trying to deceive the police to avoid challan. Subsequently, a chargesheet was filed and the magistrate took cognizance.
The petitioner had filed a petition in the Telangana High Court to quash the FIR, which the High Court dismissed saying that prima facie a case was made out. Following this, he knocked on the doors of the Supreme Court.
Front plate was open
The Supreme Court noted that only the rear number plate was covered, while the front plate was clear and readable. The Court said that this does not appear to be a planned attempt to hide identity. The Court held that continuing the proceedings would be an abuse of the process of law.
SC says – there is no system of lane driving in the country
The Supreme Court on Wednesday observed that the concept of lane discipline is virtually non-existent in India, describing it as a major factor behind the country’s rising number of road accidents. Stressing the need for stricter road safety measures, the court issued a series of key directions to improve passenger safety.
The court directed all states and Union Territories to mandatorily install Vehicle Location Tracking Devices (VLTDs) and emergency panic buttons in all public transport vehicles, aiming to strengthen monitoring and emergency response systems.
