MAHESH MEHERVAN HAVEWALLA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present criminal writ petition is fled by the petitioner being aggrieved by fling of the criminal case against him vide RCC No.1628 of 2019 based on the FIR lodged by one Abasahib Tanaji Mohite, a constable attached with the trafc department.

(2.) With the assistance of the learned counsel for the petitioner, we have perused the FIR. The FIR alleges that on 07/02/2019, the petitioner was driving the Sunny Nissan Car with a false number plate and when he was confronted by the police personnel of trafc department, he had admitted that he had procured the same car from the Customs Department and the car was not registered but he was using the registration number of his old I-10 Car viz. MH 48-A 1639. The allegation, in short, in the FIR is that without obtaining the registration of the newly purchased Sunny Nissan Car, the petitioner has afxed number plate of his old car which was already registered. Based on this allegation, the ofences punishable under Section 420 and 465 of the IPC were invoked and, after investigation, the charge-sheet was fled before the Court of Juudicial Magistrate, First Class, Thane, pursuant to which criminal case was registered.

(3.) We have heard Dr. Shaikh, learned A.P.P. appearing for the State. He states that the ofences of cheating and forgery are registered under the relevant provisions of the IPC since the petitioner without obtaining registration of the vehicle had forged the number plate and used the same as if the new car is registered. By referring to the M.V. Act 1988, he submitted that every vehicle requires registration in terms of Section 39 of the said enactment and no person shall drive any motor vehicle in any public place or in any other place unless the vehicle is registered in accordance with Chapter IV and the registration is obtained. According to Dr. Shaikh, the petitioner has admitted that he has not registered his vehicle and not only that he had to put to use the number plate of his old car and indulged himself in forgery as contemplated under Section 463 of the IPC and, therefore, he has rightly been charged under Section 465 of the IPC.