D.Siddarthan v. The State Of Tamil Nadu Represented By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.07.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.956 of 2025 D.Siddarthan ....
Petitioner Vs The State of Tamil Nadu Represented by The Inspector of Police, D-1, Triplicane Police Station, Chennai, Tamil Nadu - 600 002.
Crime No.142 of 2025.
....
Respondent Prayer: Criminal Revision is filed under Section 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to call for the records pertaining to the impugned order in Crl.M.P.nO.4566 of 2025, dated 26.05.2025 on the file of the learned Magistrate, II Metropolitan Magistrate, Egmore, Chennai and set aside the same as illegal and void. Consequently, direct the respondent police to release the Two Mobile Phones and one HP Laptop to the petitioner/owner. For Petitioner : Mr.G.Arun Prasath For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
This Criminal Revision Case has been filed challenging the order dated 26.05.2025 passed in Crl.M.P.No.4566 of 2025 by the learned II Metropolitan Magistrate, Egmore, Chennai, thereby dismissing the petition seeking return of the properties, viz., two mobile phones and one HP Laptop.
2. The case of the prosecution is that on 03.02.2024, the defacto complainant received a phone call from an individual who threatened her, stating that a parcel in her name had arrived containing drugs and that she was going to be arrested. Subsequently, another person also contacted the defacto complainant, introducing himself as a Police Officer. He appeared through a whatsapp video call, wearing a police uniform, and demanded money from her. Believing the representation, the defacto complainant transferred a sum of Rs.1,16,000/- by five instalments on various dates. Even then, the accused continued to threaten her with dire consequences. Hence, the complaint.
3. Pursuant to the said complaint, the respondent registered an FIR in Crime No.142 of 2025 for the offences punishable under Section 318(2) of
the Bharatiya Nyaya Sanhita, 2023 and Sections 66C and 66D of the Information Technology (Amendment) Act 2008. Thereafter, the petitioner/accused was arrested and remanded to judicial custody. Pursuant to his arrest, a laptop and mobile phones were seized and produced before the Trial Court. Hence, the petitioner filed an application seeking return of the properties, which was dismissed by the Trial Court.
4. Heard the learned counsel appearing on either side and perused the materials available on record.
5. On a perusal of the records, it is seen from the records that the investigation in Crime No.142 of 2025 is still pending. Therefore, the Trial Court rightly dismissed the petition seeking return of the properties. Hence, this Court finds no infirmity or illegality in the order dated 26.05.2025 passed in Crl.M.P.No.4566 of 2025 by the II Metropolitan Magistrate, Egmore, Chennai.
6. Accordingly, this Criminal Revision Case stands dismissed. However, the respondent is directed to complete the investigation and file a
final report within a period of twelve weeks from the date of receipt of a copy of this order.
02.07.2025 Index : Yes/No Internet : Yes/No Speaking/Non Speaking order Lpp To
1. The II Metropolitan Magistrate, Egmore, Chennai.
2. The Inspector of Police, D-1, Triplicane Police Station, Chennai.
3. The Public Prosecutor, High Court of Madras, Chennai.
G.K.ILANTHIRAIYAN. J, Lpp Crl.R.C.No.956 of 2025 02.07.2025