G JAYACHANDRA NAIDU Vs. G LOKAMMA

JUDGEMENT

(1.) This Criminal Revision Case is directed against the order dated 6-8-2003 passed in Crl.M.P.No.585 of 2003 in Crime No.21 /2002 on the file of IV Additional Judicial Magistrate of First Class, Chittoor, whereby the learned Magistrate allowed the application filed u/s 451 of Cr.P.C.

(2.) R-l here in filed a complaint against the petitioner and R-2 to R-7before IV Additional Judicial Magistrate of First Class, Chittoor on 23-10-2002 alleging inter alia that the petitioner in collusion with R-2 to R-8 fabricated a document alleged to be executed by her husband Munuswamy Naidu on 16-8-99 in respect of the tractor and trailer bearing No.AEE l220/ABC 4107 and filed a suit in O.S.214 of 2002 and made unsuccessful attempts to obtain interim orders by filing I.A.807/2002. It is further alleged that R-2 to R-4 namely E. Subramanyam Naidu, E. Papamma, E. Mohan Naidu who took the tractor-trailer on lease in the year 2000 and they neither paid the lease amount nor returned the tractor-trailer and they refused to handover the same in collusion with the petitioner herein and R-6 and 7 and thereby committed offences punishable u/s 403,468 and 471 IPC. The learned Magistrate forwarded the complaint to the Station House Off icer, Palasa mudram Police Station u/s 156(3) Cr.P.C. for investigation. On receipt of the complaint, the Station House- Officer, Palasmudram P.S. registered a case in Cr.No.21/2002 u/s403, 468 and 471 IPC On 5-11-2002 and issued FIR. During the course of investigation he seized the tractor- trailer on 13-1-2003 and it appears that the petitioner herein and others allegedly took away the tractor-trailer forcefully from the custody of police on 15-1-2003 for which police registered a case in Cr.No.l of 2003 for the offences punishable u/s 147,353 and 384 r/w 149 IPC and the tractor-trailer restored to their possession and produced the same before the court. The petitioner herein filed Crl.M.,P.No.487 of 2003 and whereas R-l herein filed Cr.M.P.No.585of2003u/s451 of Cr.P.C for interim custody of the tractor- trailer pending investigation of the crime. The learned Magistrate by a common order dated 6-8-2003 allowed Crl.M.P.No.487/2003 and dismissed Crl.M.P.No.585 of 2003. In nutshel the learned Magistrate ordered for the release of the tractor and trailer to R-l herein for interim custody subject to certain conditions. Feeling aggrieved by the order, the petitioner has filed this Criminal Revision Case.

(3.) Learned counsel for the petitioner contends that the petitioner is the purchaser of the tractor-trailer from the original owner namely G. Munuswamy Naidu under an agreement dated 16-8-99 for Rs. 1,20,000.00 and therefore he is entitled for interim custody of the tractor-trailer pending investigation. It is further contended by him that tractor-trailer came tobe seized from the possession of the petitioner and therefore he is entitled to seek return of the tractor-trailer for interim custody pending investigation of the crime. It is also submitted by him that the criminal court has no jurisdiction to pass orders with regard to interim custody of the tractor-trailer since the civil court has seized of the matter in O.S.214 of 2003.