RAMCHANDER Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision by Ramchander against his conviction under sec. 420 of the Indian Penal Code.

(2.) THE petitioner is a motor driver and had obtained driving licence No. 4201 on 10th April, 1957, from the office of the District Superintendent of Police, Ganga-nagar. On 9th April, 1961 the petitioner while driving Vehicle No. DLG 5176 H. T. V. was prosecuted by Delhi Police under section rule 6. 9/112 of the Motor Vehicles, Act. THE petitioner's original licence was impounded by Gurdyal Head Constable (P. W. 4) who sent it along with the police report to the Court of Shri Arnrik Singh, Magistrate, First Class, Delhi. On 7th February, 1962, the petitioner made an application Ex. P. 1 supported by his own affidavit Ex. P. 2 before the Superintendent of Police, Ganganagar for obtaining a duplicate licence on the ground that he had lost the original licence. It was further stated by the petitioner in Exs. P. 1 and P. 2 that his original licence was not lying in any court in connection with any case. On this representation a duplicate licence was obtained by the petitioner from the office of the Superintendent of Police on 8th February, 1962. On 28th January, 1963, the petitioner was again held up by the Traffic Police, Delhi for contravening the provisions of the Motor Vehicles Act and the rules framed under it. This time the petitioner produced duplicate copy of the driving licence which he had obtained on 8th February, 1962. THE Superintendent of Police Traffic New Delhi asked the Superintendent of Police, Ganganagar to conduct an enquiry into this matter. Upon enquiry it was found that the petitioner had obtained duplicate driving licence No. 4201 by making a false representation to the Superintendent of Police about the loss of his original licence. A case under sec. 420 of the Indian Penal Code was registered against the petitioner and after investigation a challan was submitted against him.