C482/1648/2023
2023 Latest Caselaw 2279 UK

                    Office Notes, reports,
                   orders or proceedings or
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         Date           directions and                    COURT'S OR JUDGES'S ORDERS
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                    Registrar's order with
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      17.08.2023                              C482 No. 1648 of 2023
                                              Hon'ble Sharad Kumar Sharma, J.

Mr. Pramod Bailwal, Advocate, for the petitioners.

Ms. Lata Negi, Brief Holder, for the State.

As per the contents of the FIR, being FIR No. 19 of 2022 dated 02.06.2022, which was registered by the complainant Santosh for the offences under Sections 420, 120-B of IPC, the set of allegation was that in the parking of Badrinath, two vehicles bearing same registration number i.e. UP17AT-3751 were found and the vehicle which belonged to present applicant, which was corresponding with the chassis number of the registration certificate issued in his favour was found to be having a fake number plate placed on it.

The learned counsel for the applicant submits that in case if it is a case of placing of a forged number plate being placed on the vehicle at the most it could fall an offence under Section 39 to be read with Section 192 of the Motor Vehicles Act.

He contends that at least the nature of offence which has been complained of against the present applicant will not attract Section 420 of IPC.

But this Court is of the view that Section 420 of IPC would be made out because of a basic intention of the applicant to dupe the State exchequer i.e. its valuable security.

Since the offence under Section 420 of IPC for which the cognizance have been taken would be amenable to the parameters prescribed by the judgment of Satender Kumar Antil Vs. Central Bureau of Investigation and Another, as reported in 2022 (10) SCC 51, this C482 Application is being disposed of with liberty left open for the applicant to resort to the aforesaid remedies as available to him as per the dictum of the Hon'ble Apex Court.

Subject to the aforesaid, the C482 Application stands disposed of.

(Sharad Kumar Sharma, J.) 17.08.2023 Mahinder/