DINESH AUTO FINANCE Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is M/s. Dinesh Auto Fiance, represented by its Proprietor. They filed this Criminal Revision against the order of the First Additional Metropolitan Sessions Judge, Hyderabad dt. 3-1-1986 directing search and seizure of the property in exercise of power conferred under Sections 94 and 100 Cr. P. C.

(2.) The Lorry ATT 6438 was purchased by the complainant Hussain Shareef (the 2nd respondent in the Criminal Revision Case) by taking a loan from the Financiers under a hire purchase agreement dt. 6-4-1984. The 2nd respondent gave a complaint to the Chaderghat Police Station on 6-12-1985 alleging that the lorry which was parked in front of-the Crown Steel Iron Works was stolen by some unknown persons on 1-12-1985. The complaint was registered as Crime No. 309/85 and is under investigation. The complaint then filed a petition in Crl. M. P. No. 2248 of 1985 stating that he learnt that the lorry was illegally kept in the premises of Hyderabad Spun Pipe Industries, Uppal Industrial Area, Hyderabad, that some of the spare parts have been removed and that the Dinesh Auto Financiers were trying to remove the parts of the Lorry and therefore a search warrant might be issued for search and seizure of the Lorry. In this Petition M/s. Dinesh Auto Financiers was made a party.

(3.) The learned Magistrate dismissed the said application holding that that the vehicle is subject to a hire purchase and the receipt dt. 1-4-1985 filed by the complainant himself shows that he is due in a sum of Rs. 47,137/- to the financiers and since the petitioner is a defaulter, the financiers has a right to take possession of the vehicle. On these findings, he dismissed the petition saying that it is not a fit ease for directing production of property.