THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Criminal Petition No. 3841 of 2010 Order: This Criminal Petition, under Section 482 Cr.P.C., is filed by the petitioner-ICICI Bank Limited seeking to quash the order dated 21.07.2008 passed in Crl.M.P. No.952 of 2008 in Crime No.353 of 2007 by the Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge, Visakhapatnam, and consequently permit it to sell the vehicle i.e., Maruthi Alto/LX 5 Car bearing No.AP 33 B 1075. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor. The petitioner-ICICI Bank Limited is the financier of the Maruthi Alto/LX5 Car bearing No. AP 33 B 1075, who had facilitated the loan under hire purchase/hypothecation for purchasing the vehicle. The said vehicle is registered in the name of the owner and the petitioner- Bank. It appears that the owner of the vehicle is alleged to have involved in an offence in Crime No.353 of 2007 on the file of Gajuwaka Police Station, registered under Sections 120(b) and 420 IPC and under Section 5 of the A.P. Protection of Depositors of Financial Establishments Act, 1999. The police have seized the vehicle and kept the same in the police station exposing it to the wear and tear. The vehicle was given as interim custody to the petitioner as per the orders in Crl.M.P. No.952 of 2008, dated 21.07.2008, passed by the Metropolitan Sessions Judge-cum-I Additional District and Sessions Judge, Visakhapatnam. The petitioner’s case is that since almost two years the vehicle is lying idle in the godown of the petitioner and the petitioner is unable to realize anything from the interim custody granted by the lower Court and the value of the vehicle is being depreciated day by day. In the above circumstances, the Criminal Petition is disposed of permitting the petitioner to sell the vehicle viz., Maruthi Alto/LX5 Car bearing No. AP 33 B 1075, subject to the condition that in case it is held that the vehicle is required to be produced in the Court for confiscation or for return to any party, the amount so realized by sale of the said vehicle shall be deposited towards value of the vehicle. _______________________ B. CHANDRA KUMAR, J. Date: 13.10.2011 Nsr