Lavanya 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 Lavanya D/o.Kaliyaperumal, Permanently residing at, No.151, Main Road, Kidamangalam, Kidamangalam District, Nagapattinam - 609 601.

Presently residing at, GST Main Road, Urappakkam, Chennai District.

..Petitioner(s) Vs The Commissioner of Police, Cyber Crime Division-1, Tambaram City.

..Respondent(s) Prayer: This Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, to call for the records pertaining to the impugned order dated 23.10.2025 in Crl.MP.No.2662 of 2025 made by the Honble Judicial Magistrate-II, Chengalpattu and set aside the same as illegal. For Petitioner(s):

Mr.S.Vishnu 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 Revision challenges the order passed by the learned Magistrate dismissing the petitioner's claim for return of cash that was lost by him in an online 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.14,00,000/- in an on-line fraud; that the respondent have frozen the account of an accused; that he had filed a petition before the learned Magistrate for return of cash seized in that account; and the learned Magistrate dismissed the said petition 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.

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 (SOP) 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. 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 Revision is disposed of. 26-02-2026 Index: Yes/No Speaking/Non-speaking order TSG 1.The Judicial Magistrate No-II, Chengalpet.

2.The Commissioner of Police, Cyber Crime Division-1, Tambaram City.

3.The Public Prosecutor, Madras High Court.

SUNDER MOHAN, J.

TSG 26-02-2026