Seshadre v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-02-2026

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN CRL RC Nos. 2872, 2873 & 2874 of 2025 R.Seshadre S/o.Mr.Ramakrishnan, Flat No.F1, Plot No.6, Shastri Bhawan 1st Street, Iyencherry, Urapakkam, Chengalpattu - 603 210.

..Petitioner(s) In all Revisions Vs The Commissioner of Police, CCB, Tambaram, Crime No.33 of 2025 U/s.497 r/w 503 BNSS ..Respondent(s) In all Revisions Common Prayer: This Revision is filed under Section 438 r/w 442 of BNSS, to call for the records pertaining to the order dated 04.12.2025 passed in Crl.MP.Nos.2859, 2853 & 2854 of 2025 in Crime No.33 of 2025 on the file of the Honble Judicial Magistrate No-II, Chengalpattu and set aside the same and consequently direct the trial court to pass an order to return the case seized by the respondent police in Crime No.33 of 2025 to an amount of Rs.16,92,971/- (Rupees Sixteen lakhs Ninety Two Thousand Nine Hundred and Seventy One Only), Rs.31,80,464/- (Rupees Thirty One Lakh Eighty Thousand and Four Hundred and Sixty Four only) and Rs.89,93,551/- (Rupees Eighty Nine Lakhs Ninety Three Thousand and Five Hundred Fifty One Only) respectively

In all Revisions:

For Petitioner(s):

Mr.C.S.Jeya Prakaash For Respondent(s):

Mr.Hasan Mohamed Jinnah State Public Prosecutor Asst. By Mr.Leonard Arul Joseph Selvam, Additional Public Prosecutor and Mr.R.Vinothraja Government Advocate(Criminal Side) Order The Revisions challenge the order passed by the learned Magistrate dismissing the petitioner's claim for return of cash that was lost by him in an on-line fraud and seized by the respondent police during the course of investigation.

2.It is the case of the petitioner that he had suffered a total loss of Rs.4 crores in an on-line fraud; that the respondent have so far seized money in three accounts; that he had filed three different petitions before the learned Magistrate for return of cash seized in those accounts; and the learned Magistrate dismissed the said petitions on the ground that the petitioner had failed to establish the nexus between the amounts frozen and the amounts that was transferred from his account and that of his wife. 3.This Court is of the view that there is no infirmity in the impugned order. However, it is seen that the Hon'ble Supreme Court in a recent case in WP(Crl)

No.3/2025 and WP(Crl) No.15/2026 had held that the investigating agencies and the Courts have to follow the Standard Operating Procedure issued by the Ministry of Home Affairs for dealing with registration and investigation of cases of on-line fraud and cheating and also for disposal of property/money seized in such cases.

4.Therefore, the matter is remanded back to the trial Court and the trial Court shall consider the request of the petitioner by following the SOP, within a period of six (6) weeks from the date of receipt of a copy of this order, after giving notice to all the interested parties.

5.With the above observations, the Revisions are disposed of. 26-02-2026 Index: Yes/No Speaking/Non-speaking order TSG To 1.The Judicial Magistrate Court - II, Chengalpattu.

2.The Commissioner of Police, CCB, Tambaram, Crime No.33 of 2025 3.The Public Prosecutor, Madras High Court.

SUNDER MOHAN J.

TSG CRL RC Nos. 2872, 2873 & 2874 of 2025 26-02-2026