K.M.Mustaffa v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-06-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR K.M.Mustaffa S/o. Muthu M.P.

No.676, EMM Main Street, Periya Thottam, Chenniamalai Road, Erode-638001.

..Petitioner Vs The Deputy Superintendent of Police CBCID, Metro Wing-I, Egmore, Chennai-600 008.

Crime NO.4 of 2024 ..Respondent To direct the Leaned Metropolitan Magistrate (Special Court for CCB and CBCID Cases), Egmore, Chennai, to dispose of Crl.M.P. No.59537 of 2024 in Crime No.4 of 2024 on the file of the respondent police, expeditiously within a time frame to be stipulated by this Court, preferably within four weeks. For Petitioner :

Mr. S. Saravanan For Respondent :

Mr.R. Rajasekaran, Government Advocate (Crl. Side)

ORDER

In continuation of the order passed by this court on 21.04.2026, today learned Government Advocate (Crl. Side) has produced a letter submitted to the Forensic Department to give top priority to analyse the electric device.

2. Learned counsel for the petitioner submits that the petitioner is not an accused in this case. The petitioner's mobile phone was collected from him. The petitioner is engaged in railway catering services and under him, about 50 persons are employed. All the transaction and bank details are stored in his mobile phone and due to the seizure of the said phone, he is unable to carry on his business.

3. Learned Government Advocate (Criminal Side) strongly opposed the contention of the learned counsel for the petitioner and submitted that the petitioner's mobile phone is an instrument through which all the transactions were made. To confirm the same, the mobile phone was sent to the forensic examination. As and when the forensic report is received, the petitioner's phone, which is not a case property, can be returned.

4. Considering the submissions made on either side, this court directs the respondent police to again send a reminder to the Forensic Department to conclude the examination of the petitioner's phone without further delay. After obtaining the report, the same will be intimated to the petitioner. Thereafter, the petitioner is at liberty to approach the concerned court by filing an appropriate petition for return of his mobile phone.

5. With the above directions, this Criminal Original Petition stands disposed of.

15-06-2026 nl Index: Yes/No Speaking/Non-speaking order To

1. The Deputy Superintendent of Police CBCID, Metro Wing-I, Egmore, Chennai-600 008.

2. The Public Prosecutor, Madras High Court.

M.NIRMAL KUMAR, J.

nl 15-06-2026