Case Note & Summary
The dispute involved a criminal petition filed by the petitioner, represented by its proprietor, challenging an FIR registered against it for offences under Sections 318(4) and 336(3) read with 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023, related to alleged fraud and forgery in the registration of a Lamborghini Huracan car. The petitioner had purchased the vehicle from Hoysala Automotive Private Limited on 01-09-2025, paying ₹3,00,68,729, including GST and road tax, and registered it with the Regional Transport Office, Indiranagar, Bangalore East, under registration number KA03NX0016. The vehicle, manufactured in 2021, had a history of temporary registration but was sold as new. On 07-02-2026, the Senior Motor Vehicle Inspector, respondent No.2, seized the vehicle without prior notice or investigation, towing it himself and handing it over to Yelahanka Police Station, leading to the registration of Crime No.117 of 2026. The petitioner filed an application under Sections 497 and 503 of the BNSS before the Magistrate for vehicle release, which was rejected on 18-02-2026 due to State objections. The core legal issues were whether the FIR should be quashed under Section 528 of the BNSS and whether the seizure by the Inspector was legal. The petitioner argued that the seizure was illegal and the allegations were baseless, while the State contended that fraud and forgery had caused loss to the exchequer. The Court analyzed the facts, noting that the Inspector's seizure lacked legal authority as no power under the BNS was cited, and the State failed to justify the action. The Court also observed that if fraud occurred in the RTO office, the officers should have been implicated, not just the petitioner. Reasoning that the seizure was unlawful and the FIR lacked merit, the Court quashed the FIR and directed the vehicle's release to the petitioner, with liberty to file a fresh application before the Magistrate under Sections 497 and 503 of the BNSS for expedited disposal. The decision emphasized procedural legality and protection of property rights against arbitrary state action.
Headnote
A) Criminal Procedure - Quashing of FIR - Section 528 BNSS, 2023 - The petitioner sought quashing of FIR No.117 of 2026 registered for offences under Sections 318(4) and 336(3) read with 3(5) of the BNS, alleging fraud and forgery in vehicle registration. The Court considered the facts including purchase and registration of a Lamborghini car, and illegal seizure by the Senior Motor Vehicle Inspector. Held that the FIR was quashed as the seizure was illegal and the allegations lacked merit, directing the vehicle's release to the petitioner (Paras 1-10). B) Motor Vehicles Law - Seizure of Vehicle - Illegal Seizure by Inspector - Bharatiya Nyaya Sanhita, 2023, Sections 318(4), 336(3), 3(5) - The Senior Motor Vehicle Inspector seized the petitioner's vehicle without prior notice or investigation, towing it himself and placing it at police stations. The Court found this action illegal as the Inspector lacked explicit power to seize under the BNS, and the State failed to provide legal authority for such seizure. Held that the seizure was unlawful, and the vehicle must be released to the petitioner (Paras 3-9). C) Criminal Procedure - Release of Vehicle - Sections 497 and 503 BNSS - The petitioner filed an application under Sections 497 and 503 of the BNSS before the Magistrate seeking release of the seized vehicle, which was rejected due to State objections. The Court directed the petitioner to file a fresh application before the Magistrate, who must dispose of it without delay in accordance with law, ensuring proper legal process for vehicle release (Paras 5, 10).
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Issue of Consideration: Whether the FIR registered for offences under Sections 318(4) and 336(3) read with 3(5) of the BNS against the petitioner should be quashed and whether the seizure of the vehicle by the Senior Motor Vehicle Inspector was legal.
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Final Decision
Court quashed FIR No.117 of 2026, held seizure illegal, directed vehicle release to petitioner, and allowed petitioner to file application under Sections 497 and 503 BNSS before Magistrate for expedited disposal
