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2014 Supreme(AP) 922

B.SIVA SANKARA RAO
Cholamandalam Investment & Finance Co. Ltd. , Rep. by its Power of Attorney Holder Ali Abbas Kashani – Appellant
Versus
State of Andhra Pradesh, Through the Public Prosecutor – Respondent


Advocates:
Advocate Appeared
For the Petitioner:M/s. S.R. Sanku, Advocate.
For the Respondents: Public Prosecutor.

Judgment :

1. The revision, under Sections 397 and 401 of Criminal Procedure Code, 1973 (for short, Cr.P.C.), is filed by the petitioner against the dismissal order, dated 09.05.2014, in Crl.M.P. No.7984 of 2013 in C.C. No.283 of 2013 on the file of II Additional Judicial Magistrate of First Class, Madanapalli; on the petition seeking leave of the Court to sell away the vehicle in issue financed by the petitioner company.

2. The 2nd respondent herein filed a report before the Station House Officer, Madanapalli Police Station stating that his vehicle i.e. TATA Eicher bearing No.AP 03 TC 1328 was stolen by his driver, the same was registered in Crime No.111 of 2013, investigated and final report was filed and the learned Magistrate has taken the cognizance of offence. While so, the 2nd respondent de facto complainant filed Crl.M.P. No.4787 of 2013, sought for interim custody of the vehicle. After hearing, the learned Magistrate granted interim custody of the vehicle by order dated 13.08.2013. Thereafter, the revision petitioner herein, who is the financier to the vehicle in issue, filed Crl.M.P. No.7984 of 2013 sought leave of the Court to sell away the vehicle. The learned Magistrat































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