MADRAS HIGH COURT DIRECTS ONLINE PROCEDURE FOR RETURN OF STOLEN MOBILES - PATH BREAKING JUDGEMENT

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 W.P.(Crl.) No.618 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :  27.11.2025

CORAM

THE HON'BLE Mr. JUSTICE D.BHARATHA CHAKRAVARTHY

Suo Motu W.P.Crl.No.618 of 2025

Suo Motu   

1.The State of Tamil Nadu,

Vs.

Rep.by the Secretary to Government,

Home (Courts-IV) Department,

Fort St.George, Chennai – 600 009.

2.The Secretary to the Government,

Law Department, Government of Tamil Nadu

Chennai – 600 009.

3.The Director of Prosecution,

No.5, Kamaraj Salai, Triplicane,

Chennai – 600 005.

4.The Director General of Police,

No.1, Kamarajar Salai, Mylapore,

Chennai – 600 004.

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     …Petitioner

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W.P.(Crl.) No.618 of 2025

5.Union of India,

Rep.by the Secretary to the Government,

Home Department,

Puducherry – 605 001.

6.The Secretary,

Law Department, Puducherry – 605 001.

7.The Director of Prosecution

No.5, Kamarajar Salai,

Tamil Nadu Slum Clearance Board Campus,

Puducherry – 600 005.

8.The Director General of Police,

2, Dumar Street, White Town,

Puducherry – 605 001.   

For Petitioner(s) : 

For Respondent(s)

For R1 to R4

:  

Suo Motu

Mr.S.Sugendran

          ...Respondents

Additional Public Prosecutor

For R5 & R8

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:  

Mr.K.S.Mohandas

Public Prosecutor (Puducherry)

Mr.Rajesh Vivekanandan

Deputy Solicitor General of India

Mr.M.Guruprasad, Amicus Curiae

Mr.P.Sidharthan

Special Public Prosecutor 

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W.P.(Crl.) No.618 of 2025

Mr.S.Vinoth Kumar

Government Advocate

O R D E R

While disposing of the cases, two aspects were noticed, and after 

informal interaction with the learned Member Secretary, Tamil Nadu 

State Legal Services Authority. The following orders are passed.

A- Return of Mobile Phones and other Articles:

(i) With reference to the theft of mobile phones and similar articles 

are concerned, it can be seen that their value diminishes significantly after 

the theft and recovery. Persons lose their phones in transit, visiting their 

native places or other places apart from their normal place of residence. 

They also move on and buy new phones. The old mobile which is stolen 

may contain some personal information like pictures, contacts, other 

important messages etc. But the parties do not appear before the learned 

Magistrate to apply for return of their respective properties and receive 

the mobiles which are lying as e-waste in the property rooms of the 

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W.P.(Crl.) No.618 of 2025

concerned court. To get return, the have to spend more than the value, 

lose their wage, take leave, travel and spend, wait for the whole day in the 

regular court procedure and thereafter only they can get back the same.

(ii) To redress such grievances in cellphones and similar properties 

of lesser value related matters, assistance can be provided to the de facto 

complainants  as a legal service by the Tamil Nadu State Legal Services 

Authority. The Tamil Nadu Legal Services Authority can 

furnish/publicise the regular e-mail address of the Secretaries of the 

District Legal Services Authorities concerned or a special i-d created for 

the purpose. 

(iii) The de facto complainant/victim concerned shall send an email 

requesting that the property be couriered to him/her at the address 

provided in the email. They can make a request by emailing the Secretary 

of the District Legal Services Authority, furnishing the particulars, viz., 

case number and other details, and thereafter requesting that their 

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W.P.(Crl.) No.618 of 2025

property, such as cellphones, be sent to the address contained in the email 

on as is where the condition and that they will not have any claim with 

reference to the damage in transit etc. The mobile number of the claimant 

shall be mandatorily mention in the email.

(iv) Once a mail is received, the Secretary, District Legal Services 

Authority shall intimate to the investigating officer concerned, who will 

then contact the complainant through the mobile, ensure that the person 

concerned is the party and record a video to the effect that he/she is the 

complainant and the owner of the property and entitled to the same and 

that he will accept the property if it is couriered to him. 

(v) Thereafter the request and the video shall be submitted to the 

presiding officer, who can pass appropriate orders for returning the 

property, unless the Court feels otherwise on the facts and circumstances 

of the case. Once the court orders, then the property can be returned by 

courier to the concerned address under the supervision of the Secretary, 

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W.P.(Crl.) No.618 of 2025

District Legal Services Authority and the funds available with the District 

Legal Services Authority can be spent for the courier expenses and the 

same can also be claimed from the state of Tamil Nadu. 

(vi) This return of property services can be undertaken firstly for 

the cases that are disposed of by the Dedicated Bench and thereafter for 

the other cases, depending on the experience. The same can be considered 

administratively by the authorities concerned for continuation of the 

service mentioned above.

B. Of Motor Vehicle Accidents & Compensation:

During the pilot project, this court dealt with numerous cases 

involving offences under Section 304(A) as well as Sections 337 and 338 

of the IPC.  To consider the release of the accused/offender on probation 

and to enable the plea of guilt, etc., when this court directed that the 

defacto complainant, their dependents, including witnesses, be enquired 

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W.P.(Crl.) No.618 of 2025

about the compensation from the appropriate Motor Vehicle Tribunal, it 

was shocking to discover that in a significant number of cases, the 

dependents of the deceased or victim had stated that they were unaware 

of such rights to claim compensation. In those cases, orders were passed 

by the Dedicated Bench directing the concerned investigating officers to 

serve a set of papers on those persons, informing them that they are 

eligible to approach the Legal Service Authority for legal assistance and 

that legal aid counsel can be nominated to file the claim petitions. The 

Member Secretary of the Tamil Nadu State Legal Services Authority was 

also informed of this in open court. Therefore, wherever required, legal 

aid shall be provided.

Contrary to public perception, claims are not made in all accidents; 

in many cases, there is a lack of awareness. Therefore, the TNLSA can 

also consider and promote awareness campaigns among the general 

public, especially in rural and backward districts, to inform victims of 

road accidents and their dependents that they can approach the Motor 

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W.P.(Crl.) No.618 of 2025

Accidents Claim Tribunal for compensation.

Neutral citation : Yes / No

Jer

To

1.The Secretary to Government,

State of Tamil Nadu,

Home (Courts-IV) Department,

Fort St.George, Chennai – 600 009.

2.The Secretary to the Government,

27.11.2025

Law Department, Government of Tamil Nadu, Chennai – 600 009.

3.The Director of Prosecution,

No.5, Kamaraj Salai, Triplicane, Chennai – 600 005.

4.The Director General of Police,

No.1, Kamarajar Salai, Mylapore,

Chennai – 600 004.

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W.P.(Crl.) No.618 of 2025

5.The Secretary to the Government,

Union of India

Home Department,

Puducherry – 605 001.

6.The Secretary,

Law Department, Puducherry – 605 001.

7.The Director of Prosecution,

No.5, Kamarajar Salai,

Tamil Nadu Slum Clearance Board Campus,

Puducherry – 600 005.

8.The Director General of Police,

2, Dumar Street, White Town,

Puducherry – 605 001.

9. The Public Prosecutor

High Court, Madras.

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W.P.(Crl.) No.618 of 2025

D.BHARATHA CHAKRAVARTHY, J.

Jer

Suo Motu W.P.Crl.No.618 of 2025

Dated : 27.11.2025

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