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2013 Supreme(AP) 892

R.KANTHA RAO
Cholamndalam Investment and Finance Co. Ltd. – Appellant
Versus
State of A. P. – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. S.R. Sanku, Counsel
For Respondents/Defendant:Additional Public Prosecutor for Respondent No. 1

ORDER

R. Kantharao, J.

1. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor representing the State. Though served with notice, the second respondent did not appear either in person or through counsel.

2. The vehicle i.e., Force Traveller/12+D bearing registration No. AP 31TB 9872 was seized in Crime No. 63 of 2013 of IV Town Police Station, Visakhapatnam, registered for the alleged commission of offence under Sections 420 and 406 of IPC and Section 5 of A.P., Protection of Depositors and Finance Establishment Act, 1999 and Sections 4, 5 and 6 r/w. Sections 2(c), 3 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978. The case was registered against the second respondent on the allegation that he collected huge amounts from the public and purchased some properties and also the said vehicle with the said amounts.

3. The version of the petitioner/3rd party is that it is a finance company and the vehicle was purchased by the second respondent under Hire Purchase Agreement with the petitioner company and it has got the first charge over the vehicle. The petitioner filed a petition under Section 451 of Cr.P.C., before the learned



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