THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1717 of 2009 (Dated : 14-10-2009) Between: Akalareddy Kondareddy S/o Kondareddy Occ: Business Owner of AP.26Y-2855 R/o Kishan Nagar, Nellore …Petitioner A n d State of A.P rep. by the Public Prosecutor, High Court of A.P., Hydeabad and another …Respondents THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1717 of 2009 ORDER: This revision is directed against the order dated 07.10.2009 passed on a requisition filed by the Station House Officer, Nellore Rural Police Station in Crime No.271 of 2009. 2. A case in Crime No.271 of 2009 came to be registered on the complaint of P.Anand Kumar, Manager of Sri Rama Transport Finance Company, Nellore. During the course of investigation, the vehicle in question came to be seized. Thereupon, the petitioner filed an application seeking for interim custody. The learned Magistrate considered his application and released the vehicle AP26-Y-2855 for interim custody on an undertaking given by the petitioner that he will produce the vehicle before the Court as and when required. 3. Thereafter, the S.H.O., Nellore Rural P.S., filed a requisition before the IV Additional Judicial First Class Magistrate, Nellore to give a direction to the petitioner, who has been given interim custody of the lorry bearing No.AP26-Y-2855 to produce the same for the purpose of sending it to F.S.L for an expert opinion with regard to tampering of number on the chassis. The petitioner resisted the application by filing objections. The learned Magistrate, after considering the material brought on record and on hearing the counsel appearing for the parties, proceeded to consider the requisition of the S.H.O., Nellore Rural P.S and directed the petitioner herein to produce the lorry AP-26-Y-2855 before the Court on or before 14.10.2009, by order dated 7.10.2008. The said order is assailed in this revision. 4. Heard learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent-State. 5. Learned counsel appearing for the petitioner submit that the petitioner purchased the lorry by raising a loan from Tata Motors and whereas A-1 purchased the lorry by raising loan from the defacto complainant, and therefore, the lorry purchased by the petitioner and the lorry financed by the defacto complainant are not one and the same. A further submission has been made that if the lorry is detained, for considerable time, there is every likelihood of the petitioner losing income, which ultimately lead to default in paying installments to the Financer. 6. Learned Additional Public Prosecutor supported the order impugned in the revision. 7. Indisputably, the vehicle came to be seized during investigation in Crime No.271 of 2009. Thereupon, the petitioner filed an application before the IV Additional Judicial First Class Magistrate, Nellore seeking for interim custody. His application came to be allowed and vehicle has been released for interim custody subject to his giving undertaking to produce the same as and when required. It is the specific case of the defacto complainant that the chassis number of the vehicle has been interpolated in order to avail finance from Tata Motors by showing the number AP-26-Y-8862. A requisition has been made by the Investigating Officer to get the engine and chassis examined by an expert to know whether there are any tampering of numbers. The petitioner having undertaken to produce the vehicle as and when required, cannot be permitted to contend that there is no obligation on his part to produce the same before the Court. The learned Magistrate considered the material brought on record in right perspective and directed the petitioner to produce the vehicle bearing No.AP-26-Y-2855 before the Court. I do not see any illegality or irregularity in the order passed by the learned Magistrate warranting interference by this Court under Section 397 and 401 Cr.P.C. 8. Accordingly, the Criminal Revision Case is dismissed at the stage of admission. ____________________________ B.SESHASAYANA REDDY, J Dt.14-10-2009 RAR THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision CaseNo.1717 of 2009 DATED : 14-10-2009