HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.3406 OF 2010 Date:16.04.2010 Between: M/s.Sundaram Finance Limited, rep. By its G.P.A Holder-cum-Authorised signatory Mr.A.Srikrishna. …..Petitioner And: The State of A.P, rep. By its S.H.O, P.S Ichapuram (through Public Prosecutor) And another. …..Respondents HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.PETITION NO.3406 OF 2010 ORDER: The petitioner who claims to be a financier in respect of the vehicle seized by the police in C.C. No.11 of 2007 on the file of Judicial Magistrate of the First Class, Ichapuram, Srikakulam District is the petitioner. He filed Crl.M.P.no.1970 of 2009 in the lower Court under Sections 451, 457 and 459 Cr.P.C for interim custody of the seized car which is with the police. Neither in that petition before the lower Court nor in the present petition before this Court, the petitioner who is a third party to the criminal proceedings, impleaded the defacto-complainant and both the accused in the criminal case. The petitioner wants an order and the interim custody behind the back of the defacto-complainant and both the accused. It cannot be done. For whatever reasons the lower Court rejected petition filed by the petitioner, the petitioner is not entitled for interim custody of the car behind the back of necessary parties. 2) Therefore, the petitioner is at liberty to file a fresh petition before the lower Court impleading all the necessary parties i.e., the defacto-complainant as well as both the accused and the state apart from the 2nd respondent herein and agitate the matter before the lower Court. 3) Subject to above observations, the petition is dismissed. ________________________________ SAMUDRALA GOVINDA RAJULU,J. April 16, 2009 KSH